
	Where results make sense

Topic: Restraint of trade

	Restraint - LoveToKnow 1911
		Restraint on anticipation attaches only during coverture and is therefore removed on widowhood, but it may attach again on remarriage.
		A condition in general restraint of marriage is void, as being contrary to public policy, although a condition in restraint of a second marriage is not void.
		A contract in general restraint of trade is void as being against public policy.
	www.1911encyclopedia.org /Restraint (338 words)

	Restraint of Trade
		' Restraint of trade" is a phrase from the Sherman Antitrust Act of 1890, a historic piece of legislation designed to halt the excessive monopolistic and anticompetitive activities of the then burgeoning industrial combinations and trusts.
		Over the decades the courts have come up with three different legal standards to be used in determining restraint of trade: the rule of reason, the per se test, and the truncated rule of reason.
		There are two general categories of restraint of trade practices: vertical restraints and horizontal restraints.
	referenceforbusiness.com /encyclopedia/Res-Sec/Restraint-of-Trade.html (881 words)

	Freehills - Article - Restraint of trade developments
		In deciding whether the restraint clause in the employment contract was enforceable, Justice Einstein firstly considered the common law principles pertaining to the enforceability of restraints of trade.
		Restraints of trade can only be justified if the restriction is reasonable in reference to the interests of the parties and of the public.
		As long as the restraint is not against public policy, section 4(1) permits a court to enforce a reasonable restraint of trade covenant by reading down provisions which may on their face be too widely expressed in terms of area, time or extent.
	www.freehills.com.au /publications/publications_1478.asp (1158 words)

	HowTo: Restraint of Trade
		Restraint of trade clauses are becoming increasingly common in employment contracts.
		The purpose of a restraint of trade clause is to prevent the employee from later using the employer’s trade secrets or confidential information to aid one of the employer’s competitors.
		Formerly the courts were reluctant to enforce restraint of trade clauses, on the grounds that an individual’s right to work should not be limited.
	www.howtolaw.co.nz /html/ml126.asp (427 words)

	Trade Marks Newsletter - London Newsletter - December 2001 (Site not responding. Last check: 2007-11-02)
		The Court considered the general principles of the doctrine of restraint of trade under common law, which states that contracts in restraint of trade are prima facie void unless they can be justified on grounds that they are reasonable and not contrary to public interest.
		As to the question of whether the restraint was justified, the Court looked at a number of issues including the degree of the restraint imposed, whether the restraint was in the restraining party’s legitimate interest and the equality of bargaining power.
		In this case, whilst it was held that the trade mark restriction did amount to a “fetter on trade”, its enforcement could be justified due to the particular image of the Federation, as contrasted with that of the Fund.
	bakernet.com /newsletters/Article.asp?ArticleID=46&EditionID=7&URL=/... (721 words)

	The Sherman Act
		Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is declared to be illegal.
		Such proceedings may be by way of petition setting forth the case and praying that such violation shall be enjoined or otherwise prohibited.
		(A) on trade or commerce which is not trade or commerce with foreign nations, or on import trade or import commerce with foreign nations; or
	www.stolaf.edu /people/becker/antitrust/statutes/sherman.html (308 words)

	Restraint of trade & contracts : Law firm - London solicitors explanation of restraint of trade
		In practice, restraints of trade are contractual provisions usually in the form of restrictive covenants that go too far in protecting the interests of one of the parties.
		A restrictive covenant purporting to prevent that same vendor from trading within 5 miles for 10 years in any business is more than likely void on the basis that it is a restraint of trade.
		Restraints of trade seek to protect the goodwill, trade secrets of a business and/or competitors poaching staff by former employees.
	www.gillhams.com /dictionary/310.cfm (409 words)

	Restraint of Trade & Injunctions
		ISIS also claimed that the restraint of trade contained in the agreement was contrary to the Trade Practices Act 1974 (Cth) (“the TPA”) in that it contained an exclusionary provision and / or contained a provision that has the purpose, or would have or be likely to have the effect, of substantially lessening competition.
		Restraint of trade clauses should be carefully considered when drafting an agreement as to which activities will be restricted.
		If a restraint of trade clause is too wide, the court may decide to sever that clause from the agreement leaving no restriction in place.
	www.computerlaw.com.au /aavisis.html (700 words)

	Contract Law, Part 6: Restraint of Trade, Assignment, Novation & Frustration (Site not responding. Last check: 2007-11-02)
		In contemporary commercial environments, restraint of trade contracts are common.
		Nor should the restraint be for an inordinate amount of time or a geographical limit that is excessive or that exceeds the actual scope of the business at the time of sale.
		In restraint of trade contracts pursuant to the sale of a business, the court's are more receptive but, again, only if the contract is reasonable in the circumstances.
	www.duhaime.org /contract/ca-con6.aspx (1979 words)

	Supreme court rules on restraint of trade appeal
		According to Voyi, it was the SCA's ruling that there is a distinction between a restraint of trade protecting confidential company information, on the one hand, and a restraint that prevents an employee from using his/her experience and knowledge that has been gained while working for a particular employer.
		It was therefore found that the restraint of trade against the two former employees was inimical to public policy and unenforceable, as the appellant had no proprietary interest that was worthy of protection.
		It is manifestly clear from the case that restraints of trade which merely seek to curb or eliminate competition would be unenforceable, says Voyi.
	www.biz-community.com /Article/196/22/12580.html (423 words)

	STATE AGREEMENTS TO AVOID TAX INCENTIVES
		Thus, not all combinations or conspiracies which affect a restraint on interstate trade violate the act; rather only those restraints that unreasonably restrict competition are unlawful (54 Am Jur 2d Monopolies and Restraint of Trade § 47).
		Thus, the act forbids only those trade restraints and monopolizations that are created or attempted by individuals or corporations or combinations of individuals or corporations.
		No violation can be based on a restraint of trade or monopolization that results from valid government actions rather than private actions.
	www.cga.ct.gov /2003/rpt/2003-R-0123.htm (418 words)

	Employment Law - Covenants in Restraint of Trade: A Broad Overview
		Even if the restraint of trade covenant is reasonable both as a matter of interest between the parties and as a matter of interest of the public, it may yet be unenforceable on account of the conduct of the employer.
		A covenant in restraint of trade, whether express or implied, cannot be enforced unless it is reasonable as a matter of both private and public interests.
		However, even if the restraint of trade covenant is reasonable both as a matter of interest between the parties and as a matter of interest of the public, it may yet not be enforceable on account of the misconduct of the employer.
	www.lawgazette.com.sg /2001-1/Jan01-focus.htm (3645 words)

	Draft status quo the right way to go - realfooty.com.au
		The courts determined each to be an interference with a professional athlete's freedom to exercise his trade, in other words, a restraint of trade.
		The exception is that if a restraint is reasonably related to the objects of the league seeking to impose the restraint, then the restraint is lawful.
		The court said that in determining restraint of trade the court may take into account any adverse effect upon the education of a player and the loss of any family support.
	www.theage.com.au /articles/2002/07/27/1027497433279.html (381 words)

	United Kingdom (UK) - Trademarks and Restraint of Trade
		World Wrestling Federation Entertainment Inc., the terms of a settlement agreement between the parties was the subject of a dispute as to whether it constituted an unreasonable restraint of trade.
		There was no serious dispute that Federation had breached the contract, but it tried to raise issues of public policy on the basis that the agreement constituted an unreasonable restraint of trade, both at common law and under Article 81 of the Treaty of Rome.
		When there was a genuine settlement between parties in a dispute over the extent of their trading rights, it was not necessary for Fund to have to prove that the agreement was reasonable.
	www.ladas.com /BULLETINS/2002/0802Bulletin/UK_Trademarks.html (517 words)

	SurfWax: News, Reviews and Articles On Restraint Of Trade
		Restraint of trade Topps thought it would be a clever way to advertise its trading cards.
		In Antitrust law, for example, the notion of "an unreasonable restraint of trade" is crucially important, but this topic does not, at least on the surface, have anything to do with the reasonable person of torts and criminal law.
		Cooling off, or restraint of trade, periods had become standard practice in the private sector and he hoped that "transparency and good governance had been the order of the day" in the Ehlobo deal.
	www.lawkt.com /files/Restraint_Of_Trade.html (4633 words)

	Taurama Pharmacy Pty Ltd v Sherwen [1990] PNGLR 127 (23 March 1990)
		Quaere whether restraint of trade clauses are unconstitutional having regard to the employment rights of citizens protected in the Constitution.
		These were proceedings in which the plaintiff sought an injunction to restrain an alleged breach of a restraint of trade clause and damages for breach of contract.
		The test of the validity of the restraint clause is whether the restrictions are reasonable as between the parties and are not injurious to the public interest.
	www.worldlii.org /pg/cases/PNGLR/1990/127.html (1841 words)

	VoluntaryTrade.org - Antitrust FAQ (Site not responding. Last check: 2007-11-02)
		The Federal Trade Commission Act of 1914 bans "[u]nfair methods of competition in or affecting commerce, and unfair or deceptive acts or practices in or affecting commerce".
		Taken literally, a restraint of trade implies an act of physical force intended to prevent an individual or business from engaging in commerce.
		Under the antitrust laws, however, a restraint of trade usually involves voluntary actions that a court or regulator deems "unfair" to a competitor or customer.
	www.voluntarytrade.org /newsite/modules/xoopsfaq/index.php?cat_id=1 (2249 words)

	Antitrust Laws (Site not responding. Last check: 2007-11-02)
		Consequently, the federal and state governments have enacted a variety of antitrust laws, sometimes called trade laws, to insure, as nearly as possible, that markets will operate properly and efficiently without artificial "restraints of trade".
		Not all agreements or arrangements that may have some restraint on trade are flatly prohibited.
		In fact, some agreements, such as arrangements with distributors for exclusive territories, agreements preventing former employees from competing or stealing business from their former employers, loss leader pricing and other practices are usually reasonable and acceptable.
	www.smartagreements.com /bltopics/Bltopic4.html (754 words)

	OSCN Found Document:Restraint of Trade or Commerce.
		Section 203 - Restraint of Trade or Commerce.
		Cite as: O.S. Every act, agreement, contract, or combination in the form of a trust, or otherwise, or conspiracy in restraint of trade or commerce within this state is hereby declared to be against public policy and illegal.
		It is unlawful for any person to monopolize, attempt to monopolize, or conspire to monopolize any part of trade or commerce in a relevant market within this state.
	www.oscn.net /applications/oscn/deliverdocument.asp?citeID=89728 (243 words)

	Antitrust/Restraint of Trade
		Antitrust laws are intended to ensure open and fair competition by preventing persons or entities from engaging in monopolistic conduct or anticompetitive conspiracies, thereby ensuring that consumers have access to the best mix of goods and services for the best possible price.
		A representative of the Federal Trade Commission issued a statement opposing the Texas legislation, because "it would clearly reduce whatever the benefits of competition are...and make consumers worse off." With their success in Texas, state medical societies will likely pursue similar legislation in other states.
		The ACNM has a new Resource Packet on Antitrust and Restraint of Trade issues, which provides comprehensive information on how ACNM members can use federal and state antitrust law to protect themselves from competitors seeking to restrain their trade.
	www.midwife.org /display.cfm?id=525 (903 words)

	1871 Trade Union Act
		Frederic Harrison, Thomas Hughes and the Earl of Lichfield refused to sign the Majority Report that was hostile to trade unions and instead produced a Minority Report where he argued that trade unions should be given privileged legal status.
		The Trade Union Congress campaigned to have the Minority Report accepted by the new Liberal government headed by William Gladstone.
		As a result of this legislation no trade union could be regarded as criminal because "in restraint of trade"; trade union funds were protected.
	www.spartacus.schoolnet.co.uk /Ltrade.htm (282 words)

	Speech: "Antitrust and Trade Associations at the FTC" - Starek - 4/16/97
		for analyzing restraints is rebutted only by a showing that the challenged restraint is of a type that can be conclusively condemned because of its "pernicious effect on competition and lack of any redeeming virtue."
		Board, if a restraint was not inherently suspect, or if it was inherently suspect but had a valid efficiency justification, its legality had to be determined under the full rule of reason.
		When counseling associations and their members, you would be well advised to read CDA and Conference Interpreters as a warning that the Commission may be increasingly comfortable analogizing certain types of conduct to the long-established "naked" forms of anticompetitive behavior, and to advise clients to tailor their conduct accordingly.
	www.ftc.gov /speeches/starek/chibar.htm (3253 words)

	Trade and Customs Law - MegaLaw.com
		Trade Compliance Center - Accessible foreign market conditions, trade policies, import regulations, and a database of U.S. Agreements.
		U.S. International Trade Commission - Contains federal notices and rules as well as publications and reports on the impact of imports on U.S. industries.
		World Trade Organization (WTO) - International organization dealing with the rules of trade between nations and supplies press releases, trade policies and more.
	www.megalaw.com /top/trade.php (650 words)

	Restraint of trade - Wikipedia, the free encyclopedia
		Restraint of trade is a restriction on a person's freedom to conduct business in a specified or unspecified location for a specified or unspecified length of time.
		Generally however, such contracts are void on the ground of illegality, and cannot be enforceable unless they are reasonable in the interests of both contracting parties and of the public at large (Nordenfelt v Maxim Nordenfelt Guns and Ammunition Co [1894] AC 535).
		The restraint is not contrary to the public interest (e.g.
	en.wikipedia.org /wiki/Restraint_of_trade (288 words)

	Sherman Antitrust Act
		The Sherman Antitrust Act, the first federal antitrust law, authorized federal action against any "combination in the form of trusts or otherwise, or conspiracy, in restraint of trade." In the eyes of many Congressmen, the measure would look good to the public, but be difficult to enforce.
		Lack of specificity in the act's wording led the courts to struggle for years before they could agree on the meanings of "trust", "combinations," and "restraint of trade." In the first 10 years of the law's existence, many more actions were brought against unions than big business.
		Every contract, combination in the form of trust or otherwise; or conspiracy, in restraint of trade or commerce among the several...
	www.u-s-history.com /pages/h760.html (727 words)

	TRU restraint case: more to come - Federal Trade Commission's restraint of trade ruling against Toys 'R' Us following ...
		PARAMAS, N.J.--The restraint of trade ruling by the Federal Trade Commission on Sept. 30 against Toys "R" Us could eventually have significant impact on the entire retail industry.
		When the FTC began its investigation of Toys "R" Us for restraint of trade in 1994 Michael Goldstein, now the company's vice chairman and ceo, said: "We have no plans to settle the case.
		A number of trade experts have been quoted in recent years as saying that a company needs a 30% market share to effect the kind of pressure TRU is accused of applying in this case.
	www.findarticles.com /p/articles/mi_m3092/is_n20_v36/ai_19930071 (909 words)

	LawKT.com: Law Firm Publications on Restraint Of Trade
		Legal experts on trade secrets and noncompete agreements at an American Bar Association Section of Tort and Insurance Practice meeting said that the new economy is characterized by portable retirement programs, short-term employment expectations, and lesser degrees of loyalty.
		in restraint of trade." By their very nature, associations are a "combination" of competitors, so one element of a possible antitrust violation is always present, and only some action by the association that unreasonably restrains trade needs to occur for there to be an antitrust violation.
		Geneva Pharmaceuticals, Inc., sheds light on the complex intersection of patent and antitrust law in the context of a settlement agreement between a name brand pharmaceutical manufacturer and two allegedly infringing generic manufacturers that were seeking FDA approval of a drug patented by the name brand manufacturer.
	www.lawkt.com /pubs/Restraint_Of_Trade.html (13117 words)

Try your search on: Qwika (all wikis)