Academic literature on the topic 'Restraint of trade'

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Journal articles on the topic "Restraint of trade"

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M. Costello, Michael. "Provider exclusions in US private health insurance contracts." Journal of Hospital Administration 8, no. 3 (April 18, 2019): 15. http://dx.doi.org/10.5430/jha.v8n3p15.

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Two national newspaper articles published in the Fall of 2018 addressed the issue of private health insurance provider contracts that act to exclude specific health systems from health plan networks. Inevitably, the question arises: Are such agreements illegal restraints of trade actionable under federal and state antitrust laws? A long-standing tenet of antitrust law is that it exists to protect competition not competitors. Excluding providers may be a legitimate outgrowth of the contracting process and therefore legal. However, an examination of the contracting process may reveal anticompetitive intent to restrain trade. The specific facts surrounding provider exclusion must be analyzed carefully in an effort to determine if there is illegal restraint of trade.
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Costello, Michael M. "Provider Exclusion in US Private Health Insurance Contract." Archives of Business Research 12, no. 4 (April 5, 2024): 14–17. http://dx.doi.org/10.14738/abr.124.16773.

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Two national newspaper articles published in the Fall of 2018 addressed the issue of private health insurance provider contracts that act to exclude specific health systems from health plan networks. Inevitably, the question arises: Are such agreements illegal restraints of trade actionable under federal and state antitrust laws? A long-standing tenet of antifrust law is that it exists to protect competition not competitors. Excluding providers may be a legitimate outgrowth of the contracting process and therefore legal. However, an examination of the contracting process may reveal anticompetitive intent to restrain trade. The specific facts surrounding provider exclusion must be analyzed carefully in an effort to determine if there is illegal restraint of trade.
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Lucey, Mary Catherine. "Europeanisation and the restraint of trade doctrine." Legal Studies 32, no. 4 (December 2012): 623–41. http://dx.doi.org/10.1111/j.1748-121x.2012.00236.x.

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The common law restraint of trade doctrine continues to provide valuable protection in a variety of business contexts. This paper analyses an incompatibility problem that has arisen between that doctrine and EU competition rules (in particular Art 101 Treaty on the Functioning of the EU [TFEU]) as implemented by EU Regulation 1/2003, which, amongst other matters, delineates the interface between national law and EU competition law. According to the High Court, once a court has applied Art 101 TFEU, Art 3 of the Regulation prevents a court from reaching a contrary finding under the restraint of trade doctrine. Thus, the court cannot find a clause is void under the doctrine if the clause comes within the scope of, but is not prohibited by, Art 101 TFEU. In effect, this conclusion displaces the restraint of trade doctrine for parties who are subject to unreasonable restraints that fall foul of the doctrine but are not prohibited by Art 101 TFEU. The interface problem and the possible solution are presented as issues of Europeanisation. The negative impact on national law deriving from an EU measure is portrayed as a ‘top down’ Europeanisation scenario. A contrary ‘uploading’ perspective reveals how and why Art 3 and associated Recitals in Regulation 1/2003 were ‘constructed’. These findings on the intended scope of Art 3 are used to challenge the High Court's view on the negative implications of the Regulation for the restraint of trade doctrine. Finally, this paper offers specific proposals as to how courts in the United Kingdom and Ireland could ensure that the restraint of trade doctrine is not an inevitable casualty of Europeanisation. It argues that when looking for a solution to the ‘top-down’ Europeanisation problem faced by the restraint of trade doctrine, the ‘uploading’ perspective of Europeanisation suggests a solution.
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SMITH, STEPHEN A. "Reconstructing Restraint of Trade." Oxford Journal of Legal Studies 15, no. 4 (1995): 565–95. http://dx.doi.org/10.1093/ojls/15.4.565.

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Botha, Monray Marsellus. "Case Notes: Restraint of Trade Clauses: Anything New from the Courts?" Industrial Law Journal 44, no. 2 (2023): 734–46. http://dx.doi.org/10.47348/ilj/v44/i2a4.

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Restraint of trade agreements are not new. Recently the courts have been faced with deciding various challenging issues in this respect, such as whether a pandemic has an impact on the enforceability of a restraint, and whether a restraint of trade should be amended based on public policy which imports values of fairness, reasonableness, and justice. This note revisits the general principles governing restraint of trade agreements as a background to examining the latest trends in such cases.
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van Jaarsveld, Marlize. "The Validity of a Restraint of Trade Clause in South Africa as a Contractual Term in an Employment Contract." Texas Wesleyan Law Review 10, no. 1 (October 2003): 171–99. http://dx.doi.org/10.37419/twlr.v10.i1.9.

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What follows is a reflection on the history and the validity of restraint of trade clauses as contractual terms in South African employment contracts. The Article is divided into seven parts. Part I deals with the general meaning of restraint of trade clauses and the reasons for including these clauses in employment contracts. This is followed by a discussion of the then-uncertain status of restraint of trade clauses in South African employment contracts until 1984, when the status of restraint clauses in contracts was finally addressed. In Part III, the consequences of the Appeal Court's 1984 groundbreaking decision in Magna Alloys & Research (Pty) Ltd. v. Ellis will be examined. During 1996, the final Constitution of South Africa was enacted which afforded protection to individuals to trade freely. The influence of this constitutional guarantee on the validity of a restraint of trade clause is discussed in Part IV. This is followed by an analysis of the meaning of public policy as a criterion for the enforcement of a restraint of trade clause Part V. Diverse aspects pertaining to the practical enforcement of restraint clauses are dealt with in Part VI of the article, and finally, the conclusion follows in Part VII.
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McCormick, Douglas. "Combination in Restraint of Trade." Nature Biotechnology 8, no. 9 (September 1990): 781. http://dx.doi.org/10.1038/nbt0990-781.

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Weiner, S. E. "Contracts in restraint of trade: Pacta sunt servanda and constitutional values: From Magna Alloys to Beadica." Journal of the South African Chapter of the International Association of the Women Judges 2022 (2022): 19–50. http://dx.doi.org/10.47348/jsac-iawj/2023/a2.

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Since the advent of the constitutional era, the law of contract and the maxim pacta sunt servanda have been the subject of much jurisprudential discourse. Restraint of trade agreements have, on occasion, been regarded by our courts as distinct from other contracts, with some judges believing that such contracts should be treated with more circumspection and outside the confines of the principles applicable in our law of contract. In Magna Alloys the Appellate Division laid down the general principle that, prima facie, contracts in restraint of trade are valid and enforceable. The employee bears the onus of showing that the restraint is unreasonable and contrary to public policy. Some jurists believe, however, that the application of constitutional principles requires a revision of our jurisprudence in relation to contracts in restraint of trade. This article analyses some of the judgments dealing with the concept of pacta sunt servanda and the application of constitutional values in the decision-making process, and shows that there is no need to cavil against the existing jurisprudence and to treat contracts in restraint of trade as sui generis or more stringently. Although most of the authorities quoted in this article deal with our law of contract in general, such principles have been held by the Supreme Court of Appeal and the Constitutional Court to apply equally to contracts in restraint of trade.
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Mupangavanhu, Yeukai. "The Relationship between Restraints of Trade and Garden Leave." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 20 (June 12, 2017): 1. http://dx.doi.org/10.17159/1727-3781/2017/v20i0a1278.

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The purpose of the article is to examine the relationship between a so-called "garden leave" clause and a post-termination restraint of trade clause in employment contracts, in view of the decision in Vodacom (Pty) Ltd v Motsa 2016 3 SA 116 (LC). The Labour Court grappled with the question of whether the enforcement of the garden leave provision impacts on the enforcement of a post-termination restraint of trade clause. Enforcement of both these types of clauses may be problematic. It can result in unfairness if an employee ends up being commercially inactive for a long period. The author argues that garden leave has a direct effect on the enforcement of a post-termination restraint of trade clause. Accordingly, a restraint of trade will be enforced only if the employer's proprietary interest requires additional protection beyond what is achieved under the garden leave clause.
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Chandran, Ravi. "Restraint of Trade: A Singapore Perspective." Business Law Review 29, Issue 12 (December 1, 2008): 382–86. http://dx.doi.org/10.54648/bula2008060.

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The position in Singapore with regards to restraint of trade clauses in employment contracts is largely similar to the position in the United Kingdom. Nonetheless, while the authorities in the United Kingdom are divided on the validity of “non–poaching of employees” type of restraint of trade clauses, the very recent Singapore Court of Appeal decision of Man Financial (S) Pte Ltd v Wong Bark Chuan, David has endorsed the validity of such clauses whole heartedly after an extensive review of authorities from the United Kingdom, Hong Kong and Australia. In addition the court in Man Financial (S) Pte Ltd v Wong Bark Chuan had the opportunity to consider several other related issues such as the significance of the fact that the employee was specifically paid for entering into the restrictive covenant, the significance of the fact that the employee had expressly agreed to the restrictive covenant and the significance of fact that the employee received legal advice in relation to the restrictive covenant.
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Dissertations / Theses on the topic "Restraint of trade"

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Luckman, Peter Craig. "Restraint of trade in the employment context." Thesis, Nelson Mandela Metropolitan University, 2007. http://hdl.handle.net/10948/842.

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Clauses in restraint of trade agreements concluded between an employer and an employee often present difficult legal issues to deal with. This complexity is due to the fact that a court, in deciding whether to enforce a restraint provision, has to strike a balance between two equal but competing policy considerations, namely, the sanctity of the contract and the freedom of movement of people in a market economy. In striving to balance the sanctity of contract with the right of freedom to trade, it is necessary to decide which of these two policy considerations should take precedence by having regard to the public interest served by them in the particular circumstances. In the watershed case of Magna Alloys and Research(SA)(Pty) Ltd v Ellis, the Appellate Division decided the sanctity of contract had greater precedent in South African law and that undertakings in restraint of trade were prima facie valid and enforceable, unless the party seeking to avoid its obligations could show that the restraint of trade was contrary to public interest. The second consideration, namely that a person should be free to engage in useful economic activity and to contribute to the welfare of society, tempers the sanctity of contract considerations. Accordingly, the courts have struck down any unreasonable restriction on the freedom to trade where it was regarded as contrary to public interest. In considering the reasonableness and therefore the acceptability of restraint of trade provisions from a public policy perspective, the following five questions need consideration: Is there a legitimate interest of the employer that deserves protection at the termination of the employment agreement? If so, is that legitimate interest being prejudiced by the employee? If the legitimate interest is being prejudiced, does the interest of the employer weigh up, both qualitatively and quantitatively against the interest of the employee not to be economically inactive and unproductive? Is there another facet of public policy having nothing to do with the relationship between the parties but requires that the restraint should either be enforced or rejected? Is the ambit of the restraint of trade in respect of nature, area and duration justifiably necessary to protect the interests of the employer? In enforcing a restraint, the court will consider all the facts of the matter as at the time that the party is seeking to enforce the restraint. If a court finds that the right of the party to be economically active and productive surpasses the interest of the party attempting to enforce the restraint, the court will hold that such restraint is unreasonable and unenforceable. Consideration of the enforceability of restraints is often found to be challenging in view of the answers to the above stated five questions often remaining of a factual nature and subjective, i.e. the view and perceptions of the presiding officer play an important role. A further complexity is the limited early effect which the Constitution of the Republic of South Africa had on dispute resolution pertaining to restraints of trade in the employment context and the prospects of imminent changes to the pre-Constitutional era locus classicus of Magna Alloys and Research (SA)(Pty) Ltd v Ellis.
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Boyd, David William. "Vertical restraints with heterogeneous retailers." Connect to resource, 1991. http://rave.ohiolink.edu/etdc/view.cgi?acc%5Fnum=osu1271851807.

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Guhl, Christian Andreas. "Comparison of post-employment restraints in South Africa, England and Germany." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/49755.

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Thesis (LLM)--University of Stellenbosch, 2003.
ENGLISH ABSTRACT: This dissertation deals with restraints in post-employment cases in England, South Africa and Germany. The attempt was made to compare the restraint of trade doctrine that was developed in England and is still used in the common law countries, on one the hand, and the German restraint of trade rules on the other. Therefore the development of the restraint of trade doctrine in England is described, as well as the modifications of the restraint of trade doctrine in South Africa. Also it is given an overview of the German restraint of trade rules. As far as the English and South African law is concerned, the historical developments and applicable principles of the restraint of trade doctrine are emphasised, whereas the main aim in the German part is to give an overview about the codified restraint of trade rules. While comparing the common law doctrine and the German restraint of trade law it is emphasised that in the common law countries the reasonableness and public interest plays an important role, whereas in German restraint of trade law, on the other hand, the payment of compensation is an important matter.
AFRIKAANSE OPSOMMING: geen opsomming
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Smith, Stephen A. "The common law of restraint of trade : a theoretical analysis." Thesis, University of Oxford, 1993. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.358569.

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Moumakoe, Keneiloe Ziphora. "Restraint-of-trade payments in South African financial service companies." Diss., University of Pretoria, 2012. http://hdl.handle.net/2263/22804.

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Orientation: The topic of restraint of trade has attracted attention, with significant renewed interest in light of the role it is said to play in contributing to the executive‟s career moves and the protection it offers companies. At the heart of the issue is the perceived unfairness of the contract between the employee signing the contract and the company restraining the employee.Research purpose: The purpose of this study was to describe aspects the restraint of trade within the South African financial services industry.Motivation for the study: The motivation for the study was the development of a deeper understanding of restraint of trade, within the South African context, as the concept became prevalent over the past years with many questions remaining unanswered.Research design approach and method: The research was a qualitative, content study.Main findings/results: The primary finding was that, despite the wide use of such contracts they are not clearly understood, they are still perceived as unfair and are seen as a tool to curb career development.Practical managerial implications: The results suggest that the use of such contracts maybe popular but they are flawed, even though elements such as the period of the contracts and the quantum of payments are known the legal clarity and misunderstanding of these contracts is still an issue.Contribution/value add: The study provides context to Restraint-Of-Trade within a South African framework. It further provides key insight into the perception, misalignment of these contracts to the overall understanding and the aim they are meant to achieve.
Dissertation (MBA)--University of Pretoria, 2012.
Gordon Institute of Business Science (GIBS)
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Esterhuizen, Johanna Antoinette. "Restraint of trade covenants in the context of the freedom to trade / Johanna Antoinette Esterhuizen." Thesis, North-West University, 2009. http://hdl.handle.net/10394/3118.

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Röhrig, Markus. "Schadensersatzansprüche im deutschen Kartellrecht nach der 6. GWB-Novelle : eine ökonomische Betrachtung privater Wettbewerbsaufsicht am Beispiel des neuen Mißbrauchsverbots gemäß 19 GWB /." Frankfurt am Main [u.a.] : Lang, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/389220019.pdf.

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Cowan, Simon. "Topics in price cap regulation." Thesis, University of Oxford, 1995. http://ora.ox.ac.uk/objects/uuid:388bf654-ee26-43eb-b6bd-58cff9d57084.

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This thesis examines the theoretical properties of different price cap schemes that have been applied in the UK and the USA. The objective is to assess the consequences for price structures and welfare of different ways of defining the regulated price index. Chapter 2 surveys the literature on regulation under asymmetric information that is related to price caps. Chapter 3 presents a general analysis of five main types of price cap when the regulated firm sets linear tariffs. The schemes are the Tariff Basket (TB) scheme, the Fixed Weights (F) scheme, the Average Revenue (AR) scheme, the Average Revenue (Lagged) scheme, and the Paasche Price Index (PPI) scheme. The TB and PPI schemes generate efficient price structures in the long run, whereas prices are inefficient under the other schemes. In Chapter 4 the consequences of allowing freedom to set different prices, relative to the case of uniform prices, are analyzed. The conditions for price freedom to be desirable are derived for the case where the price level is not regulated. When the price level is regulated it is shown that AR regulation can cause welfare to be below the level that obtains without any regulation. Chapter 5 contains an analysis of the five price caps examined in Chapter 3 for the case where the firm sets a two-part tariff. The AR and PPI schemes are dominated, and the conditions under which TB, F and ARL are optimal are established. Chapter 6 explores some issues in the regulation of nonlinear tariffs by AR and TB price caps. Chapter 7 considers some extensions of the analysis. It is shown that when quality is a choice variable, the regulator is concerned about income distribution and there is demand growth the TB scheme can be adapted and retains its desirable properties. Chapter 8 contains conclusions and suggestions for future work.
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Sutherland, Philippus Johannes. "The restraint of trade doctrine in England, Scotland and South Africa, with specific reference to post-employment, sale of business and post-partnership restraints." Thesis, University of Edinburgh, 1997. http://hdl.handle.net/1842/27492.

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The restraint of trade doctrine as understood here developed in English law but it was transplanted to England and Scotland. The two mixed legal systems closely followed English law. In Scotland a separate jurisprudence has only recently developed in this area. In South Africa attempts have been made to distinguish the English doctrine. But it has remained fundamentally in tact. That does not mean that the three systems are merely carbon copies of one another. Yet differences are subtle. An attempt is made to analyse the doctrine from broad principles although it is difficult. The doctrine has always worked in practice but it produces nice theoretical problems. It is here submitted that the public policy value of freedom of work should be the most important tenet couching the doctrine. Only clauses that offend against this fundamental principle should be investigated in terms of the doctrine. Only when the courts find that the interference with freedom of work can not be justified should clauses be struck down. Answers to the question when will a clause be unacceptable for being in restraint of trade are developed against the backdrop of freedom of work. Only the classical restraints i.e. post-employment, sale of goodwill and post-partnership restraints are discussed. These cases stand quite separate from most other restraints because they operate after termination of a work or production relationship and because they have generated a vast corpus of cases. The reasonableness inter partes test and the direct impact of public interest is analysed. Most importantly, it is argued that the public policy restraint of trade doctrine operates on two levels. The question whether the restraint is no wider than the legitimate interests of the covenantee makes or breaks a case. But many other aspects are also considered in filling the vacuums left by the severe difficulties of applying facts to law in this area of public policy.
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Farrell, Raymond. "An analysis of exercises of authority by governing bodies and courts of law which impact on the freedom of action of professional rugby league players." Thesis, Manchester Metropolitan University, 1996. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.320488.

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Books on the topic "Restraint of trade"

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Wilkinson, Jacqueline. Restraint of trade. London: Fourmat, 1991.

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Law, College of, ed. Commercial contracts: Restraint of trade. Guildford (Braboeuf Manor, St. Catherines, Guildford, Surrey GU3 1HA): College of Law, 1987.

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Heydon, John Dyson. The restraint of trade doctrine. 2nd ed. Sydney: Butterworths, 1999.

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Great Britain. Office of Fair Trading., ed. Restrictive trade practices: Provisions of the Restrictive Trade Practices Act, 1976. [England]: HMSO, 1989.

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Corones, S. G. Restrictive trade practices law. Sydney: Law Book Co., 1994.

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Kelso, J. Clark. Unfair trade practices litigation. Charlottesville, Va: Michie Co., 1995.

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Hurley, Anne. Restrictive trade practices: Commentary and materials. Sydney: Law Book Co., 1991.

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Hurley, Anne. Restrictive trade practices: Commentary and materials. 2nd ed. Sydney: Law Book Co., 1995.

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Booth, Stephen. Australian master trade practices guide. North Ryde, N.S.W: CCH Australia, 2006.

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Kalinowski, Julian O. Von. Antitrust laws and trade regulation. 2nd ed. New York, N.Y: M. Bender, 1994.

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Book chapters on the topic "Restraint of trade"

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Collier, Paul, and Jan Willem Gunning. "The Potential for Restraint through International Trade Agreements." In Investment and Risk in Africa, 338–51. London: Palgrave Macmillan UK, 2000. http://dx.doi.org/10.1007/978-1-349-15068-7_14.

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Collier, Paul, and Jan Willem Gunning. "Restraint, Co-operation and Conditionality in African Trade Policy." In Regional Integration and Trade Liberalization in SubSaharan Africa, 74–99. London: Palgrave Macmillan UK, 1999. http://dx.doi.org/10.1007/978-1-349-27752-0_4.

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Karamanlıoğlu, Argun. "Restraint of Trade Clauses in Commercial Agency Contracts: A Comparative Perspective." In Eurasian Studies in Business and Economics, 309–21. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-35040-6_19.

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Lucey, Mary Catherine. "Restraint of trade doctrine: a traditional tool fit for the modern economy?" In Essays in Memory of Professor Jill Poole, 164–77. Abingdon, Oxon [UK] ; New York, NY: Informa Law from Routledge, 2018.: Informa Law from Routledge, 2018. http://dx.doi.org/10.4324/9781315122236-11.

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Boestad, Tobias. "The ‘Old Peace’ as a Peacemaking Institution in Thirteenth-Century German-Russian Trade Treaties." In Peacemaking and the Restraint of Violence in High Medieval Europe, 107–28. London: Routledge, 2023. http://dx.doi.org/10.4324/9780429030918-8.

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Dwyer, Kelsey K. "Artifacts of Restraint and Enslaved African Women of the Eighteenth Century Transatlantic Slave Trade." In Excavating the Histories of Slave-Trade and Pirate Ships, 61–82. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-030-96233-3_5.

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El-Agraa, Ali M. "Voluntary Export Restraints." In International Trade, 220–41. London: Palgrave Macmillan UK, 1989. http://dx.doi.org/10.1007/978-1-349-10206-8_15.

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Blechmann, Michael. "Unreasonable Restraints of Trade." In Vertikale Preis- und Markenpflege im Kreuzfeuer des Kartellrechts, 199–203. Wiesbaden: Gabler Verlag, 2012. http://dx.doi.org/10.1007/978-3-8349-3923-4_8.

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"trade restraint." In The Fairchild Books Dictionary of Textiles. Fairchild Books, 2021. http://dx.doi.org/10.5040/9781501365072.16797.

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"restraint, trade." In The Fairchild Books Dictionary of Textiles. Fairchild Books, 2021. http://dx.doi.org/10.5040/9781501365072.13458.

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Conference papers on the topic "Restraint of trade"

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Uğur, Tuğçe, and Mehmet Sedat Uğur. "Analysing the Effects of Cultural Differences to International Trade in Manufactured Goods: A Literature Survey." In International Conference on Eurasian Economies. Eurasian Economists Association, 2014. http://dx.doi.org/10.36880/c05.01038.

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Linder Theory which is a considerable theory about international manufactured goods trade suggests that international trade in manufactured goods will be more intense between countries with similar per capita income levels than between countries with dissimilar per capita income levels. But in practice, cultural differences between countries may also restrain the density of trade. This literature survey will aim to explain the relationship between income level and culture which may be different for one to another group. G. Hofstede who is an influential cultural anthropologist suggests five different cultural dimension to explain cultural differences between countries. Later, Hofstede calculates the values of different countries in these dimensions. So, in this study, initially, international trade in manufactured goods between similar per capital income levels will be examined. This will be done by comparing per capital income levels of selected countries. OECD data in trade and TÜİK's data (for Turkey) will be used in comparison. Later Hofstede's data will be used. In conclusion, the survey will try to explain how large are the effects of cultural differences between countries with similar income levels in international trade in manufactured goods. Previous studies generally find statistically significant results, but the main framework of these studies suggests controversial results. The study has aimed to commit a literature survey and in this study, comparisons of trade flow between countries are also controversial.
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Makrevska Disoska, Elena, Irena Kikerkova, and Katerina Toshevska- Trpchevska. "COVID-19 CHALLENGES FOR EU EXTRA AND INTRA-REGIONAL TRADE." In Economic and Business Trends Shaping the Future. Ss Cyril and Methodius University, Faculty of Economics-Skopje, 2020. http://dx.doi.org/10.47063/ebtsf.2020.0011.

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The current COVID-19 crisis will take a severe toll upon the world and the EU economy. Exports and imports between member-states account for around 30.6% of EU GDP (average value for the period 2007-2018) and some EU economies are particularly exposed to the crisis due to their strong trade and value chain linkages. The trade with the rest of the world also decreased by mid-March 2020, and Rotterdam’s traffic from China fell for 20% compared to the same period in 2019. This paper estimates the different impact of the intra- EU trade and extra-EU trade on EU GDP growth. By separating extra-EU trade flows from intra-EU trade flows and using cross-section fixed method, panel least squares for the period 2008-2018, we obtained results that confirm that trade exchange within EU has significantly higher effect on per capita economic growth in comparison with trade exchange with countries outside the EU (taking in consideration the sample of EU-27 countries, excluding Great Britain).The findings prove that the current measures proposed by the EU institutions are essential for sustaining the function of the Internal Market and for EU growth prospects. Despite all efforts to remain united against the rising global challenges under the COVID-19 crisis, the Union is growing further apart. The member-states are imposing restrains on the internal trade flows thus jeopardizing the achieved positive effects of trade liberalization. It is certain that the financial crisis from 2008 caused increased Euro scepticism. Therefore differences in national views and priorities must be taken into account in order to reach a democratic compromise within the EU that is going to be both effective and legitimate in order to confront the consequences of the COVID-19 pandemics. The solidarity among member-states is challenged once again.
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Burakov, V. S., P. Ya Misakov, and S. N. Raikov. "Intracavity Laser Spectral Analysis of Trace Elements in Environmental Samples." In Laser Applications to Chemical and Environmental Analysis. Washington, D.C.: Optica Publishing Group, 1998. http://dx.doi.org/10.1364/lacea.1998.ltud.6.

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Laser spectroscopic techniques have significantly enhanced the performance of atomic spectrometry [1,2]. Despite the impressive detection power of laser methods, they are as a rule still far from being practically applied in routine analyses especially of complex natural samples of environmental interest. The main reason for this situation hitherto remains the comparatively higher complexity and cost of tunable lasers and their power supplies excluding low-power semiconductor laser diodes, that have excelent potential spectroscopic and operational properties for spectral analysis [3]. Of course, these laser sources of radiation at present also have some specific disadvantages, that restrains their wide practical application. On the other hand, the common tunable dye laser-based instruments can compete with established analytical techniques and have a chance to be routinely used for the direct elemental analysis espesially at trace levels or for solving some narrowly specific problems.
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Ma, Xiaoqian, Yanfen Liao, Lin Guan, Zengli Zhao, Haibin Li, and Yong Chen. "Heat-Balance Model and Intelligence Optimization for the Wastes-Incineration and Power Generation System." In ASME 2005 Power Conference. ASMEDC, 2005. http://dx.doi.org/10.1115/pwr2005-50332.

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Aiming to obtain an optimum balance between economical profit and environmental protection, a cost-profit model based on heat balance is built up for urban refuse incineration power system, in which the air preheat temperature and oil consumption are taken as parameters, while the maximization of the incomes of the station is taken as the objective. Considering the steady burning as constraint, the influence of the varieties of throwing oil, as well as the electric price adjusting on optimum operation parameters and profits are analyzed according to the running process of urban refuse burning power plant. Three different government’s subsidy and punishments mode are introduced into the model due to the emission of trace organic matter to analyze the influence on the power station’s best running parameters and on the behavior of the power plants. Results reveal that the government’s subsidy to garbage treatment can restrain the function ways of rubbish power station effectively.
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Ding, Jun, Shaowen Chen, Hao Xu, Shijun Sun, and Songtao Wang. "Control of Flow Separations in Compressor Cascade by Boundary Layer Suction Holes in Suction Surface." In ASME Turbo Expo 2013: Turbine Technical Conference and Exposition. American Society of Mechanical Engineers, 2013. http://dx.doi.org/10.1115/gt2013-94723.

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Boundary layer suction is used in turbomachinery to control flow separation to enhance the loading capacity of a compressor. This paper focuses on both numerical calculation and experimental investigation with boundary layer suction holes made in the suction surface of a compressor cascade with a large camber angle. Experimental and numerical investigations are carried out with suction holes in different positions. In the experimental investigation, exit aerodynamic parameters are measured using a five-hole aerodynamic probe, and ink-trace flow visualization is adopted on cascade surface. Experimental and numerical results indicate that both side and middle suctions on the suction surface can efficiently remove low-energy fluid to increase the cascade load capacity while they effectively restrain the corner flow separation. The cascade aerodynamic performance is obviously improved by middle and side suctions, and it is also significantly altered by the position of suction changes. The middle suction holes have their best positions at about 60–66% chord length from the leading edge, and the side suction holes have their best positions a little downstream the corner separation line.
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Vieira, Daniel Prata, Rodrigo Sauri Lavieri, Thiago Peternella Rocha, Raul Dotta, Fabiano Rampazzo, and Kazuo Nishimoto. "A Synthesis Model for FLNG Design." In ASME 2016 35th International Conference on Ocean, Offshore and Arctic Engineering. American Society of Mechanical Engineers, 2016. http://dx.doi.org/10.1115/omae2016-54983.

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The increasing demand for natural gas is encouraging the development of novel floating units’ designs, capable of processing large quantities of hydrocarbon. These units called FLNG (Floating Liquefied Natural Gas) are facilities that produce, process and store liquefied natural gas (LNG) offshore. Once the topside and tanks of a FLNG are larger and more complex than the regular FPSO vessels, a design process considering these particularities must be used. Once just few FLNG units are under construction and under design and not yet in operation, the information on the design first stages is poor. It is difficult to obtain a first hull sizing without taking in account the complexity mentioned above. Thus, a set-based approach that works with sets of possible solutions that are analyzed and compared using a merit function in order to select the best and feasible solutions was used. However, to produce a sufficiently large family of solutions, which includes most of the solution space, either the solution descriptions or the models must be simplified. From the computational point of view, the analyses of a family of design solutions basically relies on an initial parameterization of the object and a set of mathematical models that, as a group, will be referred as synthesis model. Additionally, some restrains are also applied to eliminate unfeasible solutions. The output of the synthesis model is a set of performance quantities that will be used to rank the solutions. This design approach is particularly useful to deal with project trade-offs and to optimize multiple characteristics. Optimal solutions belongs to a surface (or a hyper surface) called Pareto boundary. This paper aims to achieve a platform design capable of producing, storing and offloading liquefied natural gas. It must safely survive under environmental conditions of Santos Basin in São Paulo, Brazil. In the same way, the design should guarantee the shortest downtime as well as keep costs, of acquisition and operation, as low as possible. Each of these characteristics must be quantified to allow a ranking of the generated solutions through an objective function. Capacities, production rates, equipments, load distribution, environmental actions, stability, sea keeping and structural design estimates are the major areas to consider and will be related to one or more mathematical models, constraint and objective functions. The work will present a general overview of each model separately and how they work together, as well as examples of solutions and analyses depending on the input values. It must be clear that this approach is applicable just in the early stages of design to obtain the first hull sizing. After that it is necessary to fall back on the traditional iteration process to rely in a feasible design.
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Reports on the topic "Restraint of trade"

1

Caliendo, Lorenzo, Marcelo Dolabella, Mauricio Moreira, Matthew Murillo, and Fernando Parro. Voluntary Emission Restraints in Developing Economies: The Role of Trade Policy. Cambridge, MA: National Bureau of Economic Research, May 2024. http://dx.doi.org/10.3386/w32459.

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