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References in periodicals archive ?
The Court's pre-Sherman Act Commerce Clause jurisprudence and its distinction between direct and indirect restraints provides a potent source of meaning for the term "restraint of trade or commerce." Congress, of course, possessed no general authority to generate a common law governing private contracts in 1890.
This is hardly surprising, as the restraint of trade doctrine was in a generally confused state at the time and judicial decisions in the 1890s-the House of Lords' judgments in Mogul Steamship v McGregor, Gow & Co (4) and Nordenfelt v Maxim Nordenfelt Guns & Ammunition (5)--substantially altered the standard upon which restraint of trade was evaluated.
"That's what really informed this decision that the exclusion applied broadly, not just to the antitrust cause of action, but to the RICO and other causes of action that had their roots in restraint of trade."
Borges discussed the three main federal statutes that pertain to antitrust and restraint of trade practices.
In another action, Lion Nathan is claiming that the removal of the rights was a restraint of trade.
She admitted to a misdemeanor count of attempted restraint of trade and restraint of competition, according to Maione.
But the court ruled that the law was a restraint of trade. Wine lovers, however, will have to be patient; the legal wrangling is far from over.
"A legal challenge for restraint of trade would be a good idea but I don't have enough money to organise one!"
The FTC staff had claimed the agreement represented illegal restraint of trade as well as monopolization and delayed the entry of a generic potassium chloride supplement often prescribed for patients undergoing treatment for high blood pressure.
If employees become compromised, a company may have to defend itself against charges of restraint of trade, self-dealing, failure to use competitive bidding practices and even insider trading violations.
Supreme Court ruling that sets the bar at what it called "unreasonable restraint of trade." Since "unreasonable" lacks a certain degree of precision, restraint of trade is generally understood to be "unreasonable" when it starts causing harm to consumer welfare.
Now, you can try to tie them up with restraint of trade clauses etc., but the best is to keep them loyal with, for example, revenue-sharing agreements.