Restrictive Covenants under Common and Competition Law

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 [28] IRLR 771 and Standard Life Healthcare Limited v Gorman [29] EWCA Civ 1292

Norbrook Laboratories (GB) Limited v Adair [28] EWHC 978 and Tullett Prebon Plc v BGC Brokers LP [21] EWHC 484

Vestergaard Frandsen A/S v Bestnet Europe Ltd [29] EWHC 1456and its application inUBS Wealth Management (UK) Ltd v Vestra Wealth LLP [28] EWHC 1974

CONTENTSPART 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