Restrictive Covenants under Common and Competition Law
| Authors | Christopher Goodwill; Alexandra Kamerling; Chris Osman
| | Publisher | Sweet & Maxwell
| | Product | Restrictive Covenants under Common and Competition Law 6th edition Book+CD | £215+VAT
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August 2010
Features
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 employmentand 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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