When examining whether a Section 3 control order imposes a valid restriction on the freedom of trade and commerce, the courts apply the test of:

A control order restriction on the freedom to carry on trade (Article 19(1)(g)) or on trade commerce (Article 301) must be REASONABLE and PROPORTIONATE to its object. The courts assess whether the means adopted (e.g. fixing prices or stock limits) are rationally connected to furthering the supply and price-stability objective and are not excessive. This proportionality review closely resembles the general test for reasonable restrictions under Part III. A control measure imposing severe, arbitrary or disproportionate burdens would be struck down. The reasonable-restriction test is thus central to the constitutional validity of control orders.