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 RegulationComes with an expanded section on severability and private enforcement of competition cases and arbitrationCovers new developments in employment lawIncludes new chapters providing detailed commentary on atypical restraints, gardening leave,the law relating to team moves and their development in recent casesLooks at new cases developing the law in relation to restraint of trade in an employmentand commercial contextOffers expert interpretation on the principles governing confidentiality agreementsIncorporates a new section on restrictions in franchising agreementsComes with updated appendices including the latest CP Practice Directions dealing with applications and interim injunctionsNew cases include :
Calor Gas v Express Fuels andEnglish Welsh Railway v E.On UKEnron Coal Services (In Liquidation) v English Welsh and Scottish Railway LtdLevicon International Holdings v LinklatersSG&R Valuation Service Co LLC v Boudrais [28] IRLR 771 and Standard Life Healthcare Limited v Gorman [29] EWCA Civ 1292Norbrook Laboratories (GB) Limited v Adair [28] EWHC 978 and Tullett Prebon Plc v BGC Brokers LP [21] EWHC 484Vestergaard Frandsen A/S v Bestnet Europe Ltd [29] EWHC 1456and its application inUBS Wealth Management (UK) Ltd v Vestra Wealth LLP [28] EWHC 1974CONTENTSPART I: RESTRAINT OF TRADE DOCTRINE
Restraint of TradePART II: BUSINESS SECRETS
Interaction between Business Secrets Clauses and Restraint of Trade ClausesThe Characteristics of ConfidentialityPART III: EMPLOYER AND EMPLOYEE
The Classic ProblemsImplied and Express Duties during EmploymentInterests Protectable after Employment EndsDrafting Restrictions in Employment ContractsPART IV: BUSINESS SALES
IntroductionVendor’s Ability to Compete with the Purchaser in the Absence of Express CovenantsExpress CovenantsPART V: PARTNERSHIPS AND JOINT VENTURES
PartnershipsJoint VenturesPart VI: COMMERCIAL CONTRACTS
IntroductionSolus and Other Exclusive Purchasing AgreementsExclusive Distribution and Agency AgreementsLicenses and Tying AgreementsCartels, Trade Associations and CooperativesOther AgreementsEuropean Competition LawUK Competition LawPART VII: INTERLOCUTORY RELIEF
InjunctionsAnton Piller Orders and Miscellaneous Other OrdersPractice and ProcedurePART VIII: FINAL REMEDIES
DamagesOther RemediesAppendices, including Ready Reckoner tables, Precedents and Checklists