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Restrictive Covenants Under Common and Competition Law 6th ed


ISBN13: 9780414041998
Previous Edition ISBN: 9781847030269
Published: August 2010
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Hardback & CD-ROM
Price: £407.00 + £8.14 VAT



Despatched in 6 to 8 days.

previously Mehigan: Restraint of Trade and Business Secrets

Common or competition law, UK or EU, contentious or non-contentious – see restrictive covenants asthey apply to business and employees from all angles. With its practical guidance on how to get the mostout of your commercial transactions Restrictive Covenants under Common and Competition Law willlet you advise with the confidence that you are not only complying with regulations, but making effectiveagreements that benefit and protect both you and your clients.

This title can bring you up to date on not only the latest case law and legislation but also the latestdevelopments in this complex area.

THE NEW 6TH EDITION:

  • Discusses the application of the competition law provisions in the Treaty on the Functioningof the European Union (TFEU) and the new Vertical Agreements Regulation
  • Comes with an expanded section on severability and private enforcement of competition casesand 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 [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

  • Subjects:
    Commercial Law, Employment Law
    Contents:
    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.