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Restrictive Covenants under Common and Competition Law
Restrictive Covenants under Common and Competition Law
6th Edition
Series:  Commercial Series
ISBN:  9780414041998
Published by:  Sweet & Maxwell
Publication Date:  24 Aug 2010
Subscription Information:  Non-Subscribable Product
Format:  Hardback, CD-ROM
PRODUCT INCLUDES:
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CD-ROM
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PRODUCT DESCRIPTION
With its practical guidance on how to get the most out of your commercial transactions Restrictive Covenants under Common and Competition Law will let you advise with the confidence that you are not only complying with regulations but making effective agreements that benefit and protect you and your clients.

This title can bring you up-to-date on not only the latest case law and legislation but also the latest developments in this area.

THE NEW 6TH EDITION:
  • Discusses the application of the competition law provisions in the Treaty on the Functioning of the European Union (TFEU) and the new Vertical Agreements Regulation
  • Comes with an expanded section on severability and private enforcement of competition cases and arbitration
  • Covers new developments in employment law
  • Includes new chapters providing detailed commentary on atypical restraints, gardening leave, the law relating to team moves and their development in recent cases
  • Looks at new cases developing the law in relation to restraint of trade in an employment and commercial context
  • Offers expert interpretation on the principles governing confidentiality agreements
  • Incorporates a new section on restrictions in franchising agreements
  • Comes with updated appendices including the latest CP Practice Directions dealing with applications and interim injunctions


  • New cases include :
  • Calor Gas v Express Fuels andEnglish Welsh Railway v E.On UK
  • Enron Coal Services (In Liquidation) v English Welsh and Scottish Railway Ltd
  • Levicon International Holdings v Linklaters
  • SG&R Valuation Service Co LLC v Boudrais [2008] IRLR 771 and Standard Life Healthcare Limited v Gorman [2009] EWCA Civ 1292
  • Norbrook Laboratories (GB) Limited v Adair [2008] EWHC 978 and Tullett Prebon Plc v BGC Brokers LP [2010] EWHC 484
  • Vestergaard Frandsen A/S v Bestnet Europe Ltd [2009] EWHC 1456and its application inUBS Wealth Management (UK) Ltd v Vestra Wealth LLP [2008] EWHC 1974
  • CONTENTS
    PART I: RESTRAINT OF TRADE DOCTRINE
  • Restraint of Trade

  • PART II: BUSINESS SECRETS
  • Interaction between Business Secrets Clauses and Restraint of Trade Clauses
  • The Characteristics of Confidentiality

  • PART III: EMPLOYER AND EMPLOYEE
  • The Classic Problems

  • Implied and Express Duties during Employment

  • Interests Protectable after Employment Ends

  • Drafting Restrictions in Employment Contracts

  • PART IV: BUSINESS SALES
  • Introduction

  • Vendor’s Ability to Compete with the Purchaser in the Absence of Express Covenants

  • Express Covenants

  • PART V: PARTNERSHIPS AND JOINT VENTURES
  • Partnerships

  • Joint Ventures

  • Part VI: COMMERCIAL CONTRACTS
  • Introduction

  • Solus and Other Exclusive Purchasing Agreements

  • Exclusive Distribution and Agency Agreements

  • Licenses and Tying Agreements

  • Cartels, Trade Associations and Cooperatives

  • Other Agreements

  • European Competition Law

  • UK Competition Law


  • PART VII: INTERLOCUTORY RELIEF
  • Injunctions

  • Anton Piller Orders and Miscellaneous Other Orders

  • Practice and Procedure

  • PART VIII: FINAL REMEDIES
  • Damages

  • Other Remedies

  • Appendices, including Ready Reckoner tables, Precedents and Checklists

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