Restraint of Trade

Aimed at the practitioner involved in drafting and evaluating covenants which may be in restraint of trade, this book looks at rules and guidelines which emerge from the case law and can be used to promote certainty. It also examines restrictive practices and resale price maintenace law.

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Despite the accretion of statutory controls, such as those over restrictive practices and the constraints of EC competition law, the doctrine against restraint of trade remains a potent weapon which may be used against anti-competitive practices and unconscionable bargains. On the other hand, effective restrictive covenants remain of immense value in many spheres of commercial practice. This book is written against a background of situations where covenants thought too wide to be enforceable have been upheld, and cases where covenants have failed to afford the protection envisaged. This book is aimed directly at the practitioner involved in drafting and evaluating covenants which may be in restraint of trade. Rules and guidelines emerge from the case law and can be used to promote certainty. The book looks at the law relating to restrictive practices, resale price maintenance and EC competition law, and the equitable duties of confidentiality and fidelity.