Restrictive Covenants under Common and Competition Law, 6th Ed | 2010

Restrictive Covenants under Common and Competition Law, 6th Ed | 2010

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 of Restrictive Covenants under Common and Competition Law:

• 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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