Restraint of Trade
Seiten
1991
Fourmat Publishing (Verlag)
978-1-85190-140-1 (ISBN)
Fourmat Publishing (Verlag)
978-1-85190-140-1 (ISBN)
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Aimed at the practitioner involved in drafting and evaluating covenants which may be in restraint of trade, this book looks at rules and guidelines which emerge from the case law and can be used to promote certainty. It also examines restrictive practices and resale price maintenace law.
Despite the accretion of statutory controls, such as those over restrictive practices and the constraints of EC competition law, the doctrine against restraint of trade remains a potent weapon which may be used against anti-competitive practices and unconscionable bargains. On the other hand, effective restrictive covenants remain of immense value in many spheres of commercial practice. This book is written against a background of situations where covenants thought too wide to be enforceable have been upheld, and cases where covenants have failed to afford the protection envisaged. This book is aimed directly at the practitioner involved in drafting and evaluating covenants which may be in restraint of trade. Rules and guidelines emerge from the case law and can be used to promote certainty. The book looks at the law relating to restrictive practices, resale price maintenance and EC competition law, and the equitable duties of confidentiality and fidelity.
Despite the accretion of statutory controls, such as those over restrictive practices and the constraints of EC competition law, the doctrine against restraint of trade remains a potent weapon which may be used against anti-competitive practices and unconscionable bargains. On the other hand, effective restrictive covenants remain of immense value in many spheres of commercial practice. This book is written against a background of situations where covenants thought too wide to be enforceable have been upheld, and cases where covenants have failed to afford the protection envisaged. This book is aimed directly at the practitioner involved in drafting and evaluating covenants which may be in restraint of trade. Rules and guidelines emerge from the case law and can be used to promote certainty. The book looks at the law relating to restrictive practices, resale price maintenance and EC competition law, and the equitable duties of confidentiality and fidelity.
The scope of the restraint of trade concept and considerations of public policy, reasonableness and confidentiality; protecting a business sale agreement - goodwill, confidential information and trade names; protecting an employer - trade secrets, customer connections, shareholder agreements; directors' service contracts and partnership agreements; "tying" agreements - sole agencies, distributorships, franchising and licensing; evaluating restraint - reasonableness and interpretation; legislative controls - restrictive trade practices, monopolies, the Treaty of Rome, case examples; advising about restraints in numerous different contexts; drafting restraint clauses; remedies for breach.
| Erscheint lt. Verlag | 18.10.1991 |
|---|---|
| Verlagsort | London |
| Sprache | englisch |
| Maße | 148 x 210 mm |
| Themenwelt | Recht / Steuern ► EU / Internationales Recht |
| Recht / Steuern ► Wirtschaftsrecht ► Wettbewerbsrecht | |
| ISBN-10 | 1-85190-140-X / 185190140X |
| ISBN-13 | 978-1-85190-140-1 / 9781851901401 |
| Zustand | Neuware |
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