Restrictive Covenants under Common and Competition Law, 6th Ed

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Restrictive Covenants under Common and Competition Law, 6th Ed

Author Alexandra Kamerling, Chris Goodwill
Publication Date August 2010
ISBN 9780414041998
Format Hardcover
Publisher Sweet & Maxwell

 

Previously Mehigan: Restraint of Trade and Business Secrets

See restrictive covenants from all perspectives, whether under common or competition law, UK or EU, contentious or non-contentious. With its practical advice on how to get the most out of your business dealings, Restrictive Covenants under Common and Competition Law will allow you to advise with confidence that you are not just following the rules, but also establishing successful agreements that benefit and protect both you and your clients.

This book will keep you up to date on not just the most recent case law and legislation, but also the most recent advances in this complicated field.

THE NEW 6TH EDITION:

  • The new Vertical Agreements Regulation and the application of the competition law rules of the Treaty on the Functioning of the European Union (TFEU) are discussed.
  • A new section on severability and private enforcement of competition actions and arbitration has been included.
  • Covers recent changes in employment law.
  • New chapters provide in-depth analysis of unusual constraints, gardening leave, and the legislation governing "team movements" and their evolution in recent instances.
  • Examines emerging cases that are shaping the law in the area of trade restraint in the workplace and commercial context.
  • Provides an expert opinion on the principles that govern confidentiality agreements.
  • A new section on restrictions in franchising agreements has been included.
  • The latest CP Practice Directions dealing with applications and interim injunctions are included in the amended appendices.
  • 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.

    TABLE OF CONTENTS of Restrictive Covenants under Common and Competition Law, 6th Ed

    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.

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