By L. H. Leigh Ph.D. (eds.)
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These recommendations have caused intensive discussion, and even disagreement, especially between the Federal Justice Department and the Department of Trade and Industry. It seems that the Justice Department intends to draft at least a criminal provision against public-tender cartels, this kind of restraint of competition being considered as a particular and widespread offence akin to fraud. A similar focus on criminal prosecutions and sanctions can be found in the recent French and EEC antitrust enforcement practice concerning the most severe offences.
Despite laws which imposed a regime of strict liability, the inspectors responsible for the administration of these Acts prefer to prosecute only where, because the factories concerned have been warned on several occasions and have taken no remedial action, it is possible to assume the presence of fault. 3. 3 Prosecutions commenced by inspectors under the Factories Acts, 1970-4 No. of cases brought No. of informations 1196 1330 1547 1782 1826 2940 3062 3697 3983 4038 The inspectors concede that the figure for prosecutions commenced under the Factories Acts is relatively low.
Vol. 927, col. 39. A brief but very useful account of the relevant legislation is contained in M. Mark, Chalmers Sale ofGoods Act (London: Butterworths, 1975) pp. 51- 72 (first published 1893). For example, under the Trades Descriptions Act 1968 alone, in 1977 946 convictions were recorded for misdescription, 415 for false price claims, and 121 for false statements about services, accommodation and facilities. This is. of course, only a small part of the convictions recorded generally in consumer matters.