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Restrictive Convenants under Common and Competition Law

Restrictive Convenants under Common and Competition Law

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Description
With respect to the restrictive covenants in business agreements this edition continues to seek to provide a practical oversight into this area of the law, covering both common law cases and explaining the interaction with both EU and UK competition law, which continues to gather importance in the way restrictive covenants are drafted and viewed by the UK courts, given the supremacy of EU competition law and the courts' obligation under Regulation 1/2003 to ensure they do not apply the restraint of trade doctrine to prohibit an agreement that is acceptable under EU competition law.
Since the fifth edition of this book appeared, the EC Treaty of Rome has been replaced with the Treaty on the Functioning of the European Union (TFEU); however, in relation to the key competition provisions, their wording has not changed, they have merely been renumbered. Throughout the book we therefore now refer to arts 101 and 102 TFEU, rather than 81 and 82 EC. More important changes were the replacement of various block exemption regulations, in particular the Vertical Agreements Regulation 2790/1999 by Regulation 330/2010 and its accompanying Guidelines (which cover the more usual commercial restraints of trade such as exclusive purchasing, dis­tribution agreements and non-competes), and at national level the criminal
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Contents
1. Introduction
2. The Issues
3. Restraint of Trade
4. Interaction between Business Secrets Clauses and Restraint of Trade Clauses
5. The Characteristics of Confidentiality
6. The Classic Problems
7. Implied and Express Duties during Employment
8. Interest Protectable after Employment Ends
9. Indirect Restraints, Rights of Action and Defences in Relation to Employees
10. Drafting Restrictions in Employment Contracts
11.  Introduction
12. Vendor’s Ability to Compete with the Purchaser in the Absence of Express Covenants
13. Express Covenants
14. Partnerships
15. Joint Ventures
16. Introduction
17. Solus and other Exclusive Purchasing Agreements
18. Exclusive Distribution and Agency Agreements
19. Licences and Tying Agreements
20. Cartels, Trade Associations and Co-operatives
21. Other Agreements
22. European Community Provisions
23. UK Competition Law
24. Injunctions and Interim Relief
25. Search Orders and Other Ancillary Orders
26. Practice and Procedure
27. Damages
28. Other Remedies
Appendices
1. Restraint of Trade Cases
2. Business Secrets Cases
3. Practice Direction-Interim Injunctions
4. Practice Direction-Applications
5. Precedents
    A. Commercial Agreements
    B. Employment Contracts
6. Checklists-Restraint of Trade
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