s. 49 which provides that if, in proceedings under s.47, the Tribunal, after such -enquiry as it considers appropriate, “is satisfied that an examinable agreement exists or has existed or an examinable practice bas been, is being or is proposed to be, engaged in, shall make a determination by Which it—

1. (a)

   (a) records its findings as to those matters, including its findings as to the parties to, and terms of, the agreement, or the particulars of the examinable practice; and

2. (b)

   (b) determines, in accordance with its opinion, whether therelevant restrictions to which the proceedings relate are contrary to the public interest or, as the case rnay require, whether the examinable practice is contrary to the public interest.”

By virtue of s. 49 (2.), where the Tribunal makes a determination, it shall state and record the reasons for its opinion.

—s. 50 which sets out the principle which the Tribunal is to take as the basis of its consideration (viz. “that the preservation and encouragernent of competition are desirable in the public interest”).

—s. 51 which provides—

1. (1.)

   (1.) “where the Tribunal determines that a restriction accepted under an examinable agreement is contrary to the public interest, the agreement (if in force) becomes, upon the date of the determination, unenforceable as regards observance of the restriction on and after that date.

2. (2.)

   (2.) Where the Tribunal determinesthat a practice is contrary to the public interest and finds that the practice is provided for by an agreement, the agreement (if in force) becomes, upon the date of the determination, unenforceable as regards engaging in the practiceon and after that date.

3. (3.)

   (3.) where the Tribunal determines that arestriction or practice is contrary to the public interest, a transaction entered into, whether before or after the making of the determination, in pursuance of the restriction or in accordance with the practice is not illegalor unenforceable by reason only of the making of that determination.”

—s. 52 which empowers the Tribunal to make certain orders in consequence of its determinations including, where the Tribunal determines that a restrictionaccepted under an examinable agreement is contrary to the public interest, “such orders as it thinks proper for restraining all or any of the parties to the agreement from—

1. (a)

   (a) giving effect to, or enforcing or purporting to enforce, the agreement in respect of that restriction or any restrictionto the like effect; or

2. (b)

   (b) entering into any other agreement (whetherlith the same parties or with other parties) under which any restriction to the like effect is accepted.”

By virtue of sub.-s. (5.), an order restraining a person from entering into an agreement of a specified description shall, unless the contrary intention appears, “be deemed to be expressed, and to operate, also to restrain that person from giving effect to, enforcing or purporting to enforce—

1. (a)

   (a) an agreement entered into by that person in contravention of the order;or

2. (b)

   (b) an agreement entered into by that person after the commencement of the proceedings and before the making of the order, being an agreement of the specified description.

in respect of any matter by reason of which the agreement is of the specified description.”