Dissertations / Theses: 'Restraint of trade'

1

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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2

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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3

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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4

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)
unrestricted

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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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7

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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8

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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MARCO, COLINO Sandra. "Towards a sound economic analysis in EC competition law? : the new regulatory framework for motor vehicle distribution agreements in the EU." Doctoral thesis, European University Institute, 2007. http://hdl.handle.net/1814/7020.

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Defence date: 21 May 2007
Examining Board: Prof. Christian Joerges, (EUI) ; Prof. Heike Schweitzer, (EUI) ; Prof. Barry Rodger, (University of Strathclyde) ; Prof. Luis Ortiz Blanco (Universidad Rey Juan Carlos)
PDF of thesis uploaded from the Library digital archive of EUI PhD theses
no abstract available

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Schwaab, Jean Christophe. "Wettbewerbsbeschränkende Know-how-Lizenzverträge /." Bern : Stämpfli, 2009. http://deposit.d-nb.de/cgi-bin/dokserv?id=3366412&prov=M&dok_var=1&dok_ext=htm.

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Schwinn, Hannes. "Einseitige Massnahmen in Abgrenzung zum europäischen Kartellverbot /." Baden-Baden : Nomos, 2009. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=017122265&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Herr, Jochen. "Neue EU-Wettbewerbsregeln für Technologietransfer-Vereinbarungen /." Frankfurt am Main ; New York : Lang, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014836152&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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15

Vasbender, Iris. "Das europäische Konzept der Nebenabreden im europäischen und deutschen Kartellrecht : eine rechtsübergreifende Gesamtdarstellung anhand von Wettbewerbsverboten zu Unternehmenskaufverträgen /." Frankfurt am Main ; New York : Lang, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=014880298&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Jürgens, Robert. "Strukturkrisenkartelle im deutschen und europäischen Kartellrecht /." Frankfurt am Main [u.a.] : Lang, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015824489&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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17

Rütters, Silke. "Die neue Schirm-Gruppenfreistellungsverordnung (EG) Nr. 2790/1999 der Kommission : zu den Ursachen der weitreichenden Reform der EG-Wettbewerbspolitik gegenüber vertikalen Wettbewerbsbeschränkungen und deren materiellrechtlichen Grenzen /." Frankfurt am Main [u.a.] : Lang, 2002. http://www.gbv.de/dms/spk/sbb/recht/toc/346092744.pdf.

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18

Crozals, Cyrille de. "Die Anwendung der Artikel 81 und 82 EGV durch die französischen Behörden und Gerichte /." Frankfurt am Main [u.a.] : Lang, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/365204684.pdf.

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Gey, Peter. "Potentieller Wettbewerb und Marktbeherrschung : eine Untersuchung zum deutschen, europäischen und US-amerikanischen Kartellrecht /." Baden-Baden : Nomos, 2004. http://www.gbv.de/dms/ilmenau/toc/393452522.PDF.

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Univ., Diss. u.d.T.: Gey, Peter: Die Bedeutung des potentiellen Wettbewerbs bei der Bestimmung marktbeherrschender Stellungen im deutschen, europäischen und US-amerikanischen Kartellrecht--Hamburg, 2004.

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20

Kimura, Keiki 1955. "An analysis of the Japanese voluntary export restraint upon automobiles to the U. S. and Canada : an investigation of its impacts upon international, bilateral and domestic legal frameworks for safeguard measures." Thesis, McGill University, 1985. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=65419.

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21

Lee, Jin W. "The cost of the voluntary export restraint of Japanese automobile exports to the United States." Thesis, Virginia Tech, 1987. http://hdl.handle.net/10919/45776.

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At the request of the United States Government, effective as of April 1, 1981, the Japanese began voluntarily restraining exports of automobiles to the United States to provide the U.S. automobiles industry with a period of time to make the necessary adjustment to become more competitive with imports.

It is the purpose of this paper to examine the impact of the VER, particularly the costs to consumers and the benefits to U.S. producers, quota rents captured by the Japanese producer during 1981-84 will also be examined.

Between 1981 and 1984 the Voluntary Export Restraint Agreement cost the U.S. economy $8.4 billion. In terms of increases in the cost of purchasing a car, the estimate ranges between $95 in 1981 to as high as $241 in 1984. E During the four years of the VER, the consumer costs : amounted to $8.9 billion. Meanwhile, the U.S. producers of automobile benefited only $403 million as a result of the VER. If this benefit is translated to the number of jobs saved, it amounts to 29,000 jobs. Therefore, the consumer cost of creating each new job was $334,000.

As for the impact of VER on the Japanese producers, the result shows that the price effects of the VER has increased over the four years as the restrictive effect of the VER has intensified. During 1981, the VER added $733 to the price of each Japanese automobile, but by 1984, it was adding about $2,000.

Master of Arts

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22

Grützner, Thomas. "Die Sanktionierung von Submissionsabsprachen : eine Untersuchung der bestehenden Möglichkeiten einer Bekämpfung von Submissionsabsprachen unter besonderer Berücksichtigung des 298 StGB /." Frankfurt am Main [u.a.] : Lang, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/371111366.pdf.

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23

Criger, David W. "Systemic preservation and political legitimation a critical examination of the Sherman Anti-trust Act of 1890 /." Diss., Columbia, Mo. : University of Missouri-Columbia, 2008. http://hdl.handle.net/10355/6078.

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Thesis (M.A.)--University of Missouri-Columbia, 2008.
The entire dissertation/thesis text is included in the research.pdf file; the official abstract appears in the short.pdf file (which also appears in the research.pdf); a non-technical general description, or public abstract, appears in the public.pdf file. Title from title screen of research.pdf file (viewed on August 19, 2009) Includes bibliographical references.

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24

Evans, Peter C. "International regulation of official trade finance competition and collusion in export credits and foreign aid /." Thesis, View report (non-printable), 2005. http://dspace.mit.edu/bitstream/1721.1/33684/1/64631402.pdf.

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Thesis (Ph. D.)--Massachusetts Institute of Technology, Dept. of Political Science, 2005.
Title from title screen (viewed July 6, 2007). Includes bibliographical references (p. 333-362). Also issued in paper format.

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25

Sirchia, Gabriella Daniela. "An analysis of the fairness and constitutionality of restraint of trade covenants in employments contracts and their effects in the market place." Diss., University of Pretoria, 2017. http://hdl.handle.net/2263/65727.

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26

Lorenzo, Alonso Manuel. "Die Neuausrichtung der Zwischenstaatlichkeitsklausel der Art. 81, 82 EG : Folgen der neuesten Entwicklungen des Gemeinschaftsrechts für die Zwischenstaatlichkeitsklausel - unter besonderer Berücksichtigung des Bankenbereichs /." Frankfurt am Main [u.a.] : Lang, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/369164881.pdf.

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Brouwer, Adele. "Multi-market analysis of the impact of trade restrictions on importing live animals into South Africa." Diss., Pretoria : [s.n.], 2004. http://upetd.up.ac.za/thesis/available/etd-04142005-145135.

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Smeltzer, Gerald Gilbert. "Legal rights to information and skilled employees in the computer industry." Thesis, University of British Columbia, 1985. http://hdl.handle.net/2429/24436.

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Canada is currently experiencing the transition to a post-industrial society as the result of the wide spread introduction of information related technologies. This thesis focuses on the legal rights to information of skilled employees who work with modern computer technology. The objective is to assess the adequacy of existing laws to meet the needs of employers and employees and to serve the public interest. The initial chapters concentrate on the legal principles of trade secrets and breach of confidence as applied to the employment relationship. Patent and copyright protection for software is briefly reviewed but not emphasized. Against this background, the major portion of the thesis examines the delicate balance between the legal interests of the employer, the employee and the public. Any attempt by employers to limit post employment use of information by employees invokes the doctrine of restraint of trade. This doctrine recognizes an employee's right to use the knowledge and skills developed during employment for the benefit of other employers. The thesis examines the elements of the restraint of trade doctrine as applied to skilled employees in the computer industry. The creation and development of software is used throughout the thesis to illustrate legal principles. Employers such as software developers are extremely vulnerable to misappropriation of confidential information by their employees. Such employers rely heavily upon the use of restrictive covenants in employment agreements to limit disclosure and to prevent future competition. The remedies for an employee's breach of confidence are reviewed. This chapter concludes that the legal principles governing interlocutory injunctions are inadequate to properly protect the information employer. The thesis concludes that the present Canadian law is increasingly inadequate to protect a computer industry employer against an employee's unauthorized appropriation of confidential information. In short, the law has not yet recognized the social and technological changes that have greatly increased the vulnerability of the information employer. If neither the courts nor the legislatures take action, information employers will have to further increase their reliance on the limited and uncertain protection of restrictive covenants in employment agreements.
Law, Peter A. Allard School of
Graduate

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29

Hassel, Tobias. "Hoheitliches Handeln als Verstoss gegen EU-Kartellrecht /." Hamburg : Kovač, 2006. http://www.verlagdrkovac.de/3-8300-2244-1.htm.

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Baronnat, Emilie. "The US and EC antitrust control of transatlantic airline alliances /." Thesis, McGill University, 2007. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=112599.

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The international civil aviation system is currently going through a transitional phase. Deregulation and liberalization of air transport services and privatisation of certain airlines have contributed to the modification of the aviation landscape. In this context, airline alliances play a crucial role. Both the US and EC authorities have been supportive of airline alliances because they believe that alliances have the potential to increase competition and to provide the consumers with benefits.
The first part of this thesis intends to provide economic and historical background to highlight the reasons for the multiplication of alliances, as well as the political and economic circumstances under which competition authorities assess alliances. The second part of this thesis is meant to determine which legal regime is applied to transatlantic alliances, and whether alliances are assessed like agreements among companies in any other business sector. The third part focuses more specifically on the antitrust control of the Sky Team alliance which occurs in the context of the EU/US Open skies agreement.

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Lucey, Mary Catherine. "The interface between competition law and the restraint of trade doctrine for professionals : understanding the evolution of problems and proposing solutions for courts in England and Wales." Thesis, London School of Economics and Political Science (University of London), 2012. http://etheses.lse.ac.uk/570/.

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This research considers the interface between the restraint of trade doctrine (hereinafter ROTD) and competition law in England and Wales (comprising the UK Competition Act 1998 and Articles 101-102 TFEU). The ROTD and competition law overlap in cases where both laws appear to be applicable to certain restrictions on professionals (e.g. non-competition clauses). It will be argued that the ROTD and competition are different legal regimes whose prima facie concurrent applicability creates an interface problem for some professionals who are precluded from relying on the ROTD to resist a particular restriction. The most acute problem, in cases of overlap, arises where a restriction does not infringe competition law but falls foul of the ROTD. By examining developments in UK law and in EU law this study analyses how the interface problem evolved incrementally. UK competition legislation may be interpreted so that the ROTD applies only in a residual fashion. Moreover, Art 3 of EU Reg. 1/2003 delineates the interface between EU competition law and national competition law. The High Court has interpreted Art. 3 so that once EU competition law is applied to a restriction the court cannot reach a different conclusion under the ROTD. For reasons of consistency, this conclusion may also hold true for the interface between the ROTD and UK competition law. The scale of persons affected by this problem becomes greater if some professionals in employment are classified as “undertakings” because such classification would increase the overlap and interface between competition law and ROTD. This thesis proposes fresh solutions for courts when applying the ROTD. The solutions aim to ensure the availability of the ROTD’s unique protection to professionals who are subject to restrictions to which competition law also applies.

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Krapf, Erwin. "Parallelimporte von Arzneimitteln und europäisches Kartellrecht : eine Untersuchung von Vertriebssystemen zur Verhinderung des Parallelhandels /." Aachen : Shaker, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&doc_library=BVB01&doc_number=015455947&line_number=0001&func_code=DB_RECORDS&service_type=MEDIA.

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Schreiber, Till. "Das argentinische Gesetz 25.156 zum Schutz des Wettbewerbs : eine rechtsvergleichende Darstellung unter besonderer Berücksichtigung des Protokolls zum Schutz des Wettbewerbs im MERCOSUR und der Rechtsprechung der Comisión Nacional de Defensa de la Competencia /." Frankfurt am Main [u.a.] : Lang, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/37255413X.pdf.

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Nothhelfer, Wolfgang. "Die leverage theory im europäischen Wettbewerbsrecht." Baden-Baden Nomos, 2006. http://bvbr.bib-bvb.de:8991/F?func=service&docl̲ibrary=BVB01&docn̲umber=014939714&linen̲umber=0001&funcc̲ode=DBR̲ECORDS&servicet̲ype=MEDIA.

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35

Bergmann, Michael. "Die Ministererlaubnis in der Zusammenschlusskontrolle : Verfassungs- und europarechtlicher Rahmen sowie Neubewertung der verfahrens- und materiellrechtlichen Grenzen des [Paragraph] 42 GWB /." Baden-Baden : Nomos Verl.-Ges, 2006. http://www.gbv.de/dms/spk/sbb/recht/toc/511234945.pdf.

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Rentsch, Rudolf. "Deregulierung durch Wettbewerbsrecht : die Anwendbarkeit des schweizerischen Kartellgesetzes in regulierten Märkten /." Basel ;Genf ;München : Helbing & Lichtenhahn, 2000. http://www.gbv.de/dms/spk/sbb/recht/toc/318770512.pdf.

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Greene, Owen J. "Stockpiling Security and Reducing Surplus Weapons." Thesis, British American Security Information Council (BASIC), International Alert and Saferworld, 2001. http://hdl.handle.net/10454/4237.

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yes
Measures to enhance the security and management of legal stocks of small arms and to reduce `surplus¿ weapons are clearly essential components of an effective international action programme to combat illicit trafficking and prevent and reduce the proliferation of small arms. Many of the weapons of concern are lost from official stockpiles through theft, corruption or neglect. Moreover, the existence of large quantities of `surplus¿ small arms is a major factor in the excessive availability and flows of these weapons. The primary responsibility for measures to address these problems lies with governments. Regional and international organisations involved in any way with managing and disposing of small arms also have important responsibilities to take action. Nevertheless, this is a global issue, and the entire international community should play a role in developing policies on the management of stockpiles and the disposal or destruction of surplus weapons. This briefing outlines the dimensions of the issues, drawing on recent experience, and identifies ways in which an international action programme could usefully be developed to address them.

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Guo, Hua. "Competition law from a global perspective : the case of multinational corporatons' self-regulating standards." Thesis, University of Macau, 2010. http://umaclib3.umac.mo/record=b2147557.

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Clegg, E., Owen J. Greene, S. Meek, and G. O'Callaghan. "Regional initiatives and the UN 2001 Conference: Building Mutual Support and Complementarity." Thesis, British American Security Information Council (BASIC), International Alert and Saferworld, 2001. http://hdl.handle.net/10454/4236.

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yes
As the agenda for the United Nations (UN) 2001 Conference on The Illicit Trade in Small Arms and Light Weapons in All Its Aspects takes shape, governments should begin to identify a set of standards, mechanisms and specific agreements that will help consolidate, reinforce and co-ordinate regional and national measures to address the problem of the proliferation and misuse of small arms. An important element of this approach will be to build upon the wealth of regional and national experiences and perspectives that illustrate the different contexts in which efforts to combat the proliferation and misuse of small arms and light weapons have occurred. At the same time, agreements reached at the UN 2001 Conference should be substantial, establishing an agreed comprehensive `international action programme¿ f o r sustained global effort on this complex problem. However there remain issues and concerns that are common to all regions: these should be identified and addressed internationally within the context of the UN 2001 Conference. This briefing, the second in the Biting the Bullet series, reviews some of the current regional e fforts on small arms and light weapons. It identifies common approaches that have been used in different regions to counter the proliferation and misuse of small arms and light weapons, these include: law enforcement and crime control; supplier restraint and transparency; national legislation and regulation of arms; and arms reduction and control. The briefing analyses initiatives using these approaches that are moving forward in West Africa, Eastern and Southern Africa, the European Union (EU), and the development of cooperation between EU Member States and other countries and regional organizations, including Cambodia and the Southern African Development Community. The briefing identifies the impact and priorities of these initiatives, suggesting ways in which the UN 2001 Conference is both relevant to the region and what the region can contribute to the outcomes of the Conference. The briefing concludes with recommendations on the ways in which regional processes can be reinforced and further developed by the international community, focusing especially on the contribution of the UN 2001 Conference. Experience is showing that much of what happens nationally and regionally needs reinforcement and further development with assistance from the international community. The UN 2001 Conference comes at an important time for providing the framework ¿ through the international action programme ¿ to develop, reinforce and c o-ordinate these national and regional processes, through developing appropriate international norms, standards, programmes and mechanisms. Using the illustration of combating illicit arms trafficking, this briefing outlines some of the processes that could be taken forward through the UN 2001 Conference which would build upon and strengthen national and regional eff o r t s . The briefing contains an annex, which provides background information on many current regional and international initiatives, including those in Africa, the Americas, Asia, Europe and inter-regionally, such as the Organisation for Security and Co-operation in Europe and the North Atlantic Treaty Organisation.

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O'Callaghan, G., and S. Meek. "The UN firearms protocol: considerations for the UN 2001 conference." Thesis, British American Security Information Council (BASIC), International Alert and Saferworld, 2001. http://hdl.handle.net/10454/4238.

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Since April 1998, the Vienna-based UN Economic and Social Council (ECOSOC) Commission on Crime Prevention and Criminal Justice has been negotiating the draft Protocol Against the Illicit Manufacturing of and Trafficking in Firearms, Their Parts and Components and Ammunition (hereafter referred to as the Firearms Protocol). This Protocol will be the first global measure regulating international transfers of small arms and light weapons, and should have a tremendous impact on both the legal and the illicit manufacture and trade in firearms. The draft agreement seeks to combat and criminalise trafficking in firearms, through the development of harmonised international standards governing the manufacture, possession and transfer of commercial shipments of these weapons. While the final outcome of the Protocol relies on the outcome of negotiations in February 2001, the draft agreement contains provisions which commit states, among other things, to: l Adopt legislative measures to criminalise the illicit manufacture, trafficking, possession and use of firearms; l Maintain detailed records on the import, export and in-transit movements of firearms; l Adopt an international system for marking firearms at the time of manufacture and each time they are imported; l Establish a harmonised licensing system governing the import, export, in-transit movement and re-export of firearms; l Exchange information regarding authorised producers, dealers, importers and exporters, the routes used by illicit traffickers, best practice in combating trafficking in order to enhance states ability to prevent, detect and investigate illicit trafficking; l Co-operate at the bilateral, regional and international level to prevent, combat and eradicate the illicit manufacturing of and trafficking in firearms; and l Consider developing systems to require arms brokers, traders and forwarders to register and obtain licences for their transactions. The Protocol places a premium on international co-operation, information exchange and transparency. The provisions in the Firearms Protocol are an important complement to those being developed for the UN 2001 Conference. Issues such as improving the ability to trace small arms and light weapons through effective marking systems, regulating the activities of arms brokers and building international norms on the responsible disposal of surplus small arms are common to both initiatives.

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Greene, Owen J. "Enhancing traceability of small arms and light weapons flows: developing an international marking and tracing regime." Thesis, British American Security Information Council (BASIC), International Alert and Saferworld, 2001. http://hdl.handle.net/10454/4239.

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Efforts to combat and prevent illicit trafficking and proliferation of small arms and light weaponsEfforts to combat and prevent illicit trafficking and proliferation of small arms and light weapons (SALW) are obstructed by lack of capacity to trace sources and lines of supply for arms. Such efforts are necessary in order to identify points of diversion or loss of responsible control so that actions can be taken to tackle the problems. This hampers efforts to prevent future loss and diversion, for example, or to close down unauthorised or destabilising arms supply networks. Measures to enable tracing of sources and lines of supply of SALW are therefore a priority. Because of the international scope of the flows of SALW, such measures need to be taken by all states and all other relevant members of the international community. International standards and mechanisms to enable tracing need to be established and developed as a priority. An effective international system to enable tracing of sources and flows of SALW requires three essential elements: adequate marking to uniquely identify each weapon; detailed and accessible record-keeping; and mechanisms for international co-operation in tracing sources and lines of supply of SALW. At present there are substantial weaknesses and problems in each of these three areas. (SALW) are obstructed by lack of capacity to trace sources and lines of supply for arms. Such efforts are necessary in order to identify points of diversion or loss of responsible control so that actions can be taken to tackle the problems. This hampers efforts to prevent future loss and diversion, for example, or to close down unauthorised or destabilising arms supply networks. Measures to enable tracing of sources and lines of supply of SALW are therefore a priority. Because of the international scope of the flows of SALW, such measures need to be taken by all states and all other relevant members of the international community. International standards and mechanisms to enable tracing need to be established and developed as a priority. An effective international system to enable tracing of sources and flows of SALW requires three essential elements: adequate marking to uniquely identify each weapon; detailed and accessible record-keeping; and mechanisms for international co-operation in tracing sources and lines of supply of SALW. At present there are substantial weaknesses and problems in each of these three areas.

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42

Bien, Florian. "Fusionskontrolle und subjektiver Drittschutz." Baden-Baden Nomos, 2007. http://bvbr.bib-bvb.de:8991/F?func=service&docl̲ibrary=BVB01&docn̲umber=015439183&linen̲umber=0001&funcc̲ode=DBR̲ECORDS&servicet̲ype=MEDIA.

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43

Tucker, J. L. "The politics of trade restraints : Detroit, Washington and Washington and Japanese automobile restraints." Thesis, University of Essex, 1985. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.356760.

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Schädler, Patrick. "Vorsorgliche Massnahmen und einstweilige Anordnungen im Kartellverwaltungsverfahren der Schweiz und der Europäischen Gemeinschaft : Bestandesaufnahme, Kritik und Vorschläge de lege ferenda /." Basel [u.a.] : Helbing & Lichtenhahn, 2002. http://www.gbv.de/dms/spk/sbb/recht/toc/353324930.pdf.

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45

Kolonko, Christoph. "Restraints of trade in sport: an international and South African persepctive." Thesis, University of the Western Cape, 2006. http://etd.uwc.ac.za/index.php?module=etd&amp.

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The ongoing commercialism of sport has generated new legal problems. One of eminent importance id the treatment of restraints of trade in the sport sector. The application of the restraints of trade rule to the sport sector is highly complicated and controversial. Hardly any guidelines have emerged that can already be seen as a South African sports policy. However, with South Africa's economy growing, sport is going to be more and more commercialized and new legal issues realted to restraints of trade will appear. The scope of the thesis is to develop guidelines and rules for the future dealing with restraints of trade in South African sport.

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Grüniger, German. "Nachfragemacht des Staats im Kartellrecht /." Basel [u.a.] : Helbing & Lichtenhahn, 2003. http://www.gbv.de/dms/spk/sbb/recht/toc/374663009.pdf.

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Brunn, Thomas. "Die EG-Kartellverfahrensverordnung 1/2003 und ihre Auswirkungen auf die Gruppenfreistellungsverordnungen und die Entzugsverfahren der Vertikal-GVO /." Frankfurt am Main [u.a.] : Lang, 2004. http://www.gbv.de/dms/spk/sbb/recht/toc/387845151.pdf.

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Larivee, David Rene. "The interaction between foreign direct investment and voluntary export restraints : with an application to the United States automobile industry." Thesis, University of Oxford, 1992. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.333358.

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49

Dempster, Hamish Leslie. "Restraint of trade at common law." 1997. http://hdl.handle.net/2292/2675.

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This is a collection of essays about the restraint of trade doctrine as laid down in the courts of the United Kingdom and the British Commonwealth. Generally, I will not give an account of the restraint of trade doctrine in the United States of America, for even although each individual state (apart from the civil jurisdictions California and Louisiana) and the federation itself, has a common law system, for reasons peculiar to those jurisdictions, the restraint of trade case law there has become so vast and so confused as to be unsuitable for my purposes. More importantly, however, the common law restraint of trade doctrine in the United Kingdom and the British Commonwealth has been laid down by courts without any significant consideration of the state of the law in the United States. Davies v Davies (1887) 36 Ch D 359, 370 by contrast, the period during which the Privy Council operated as a supra national court of final appeal has resulted in considerable harmony in the doctrine within the British Commonwealth. Even now the House of Lords is influential in Australia and Canada and the influence is increasingly reciprocal. By way of an exception I will discuss the purposes of the anti-trust legislation in the United States. This is necessary because I intend to show that the common law restraint of trade doctrine was not able to be, and was never intended to be, a means of regulating the economy in contradistinction to the United States anti-trust legislation and related legislation in the British Commonwealth. This account is not merely a description of the law relating to the restraint of trade doctrine although I do purport to describe the law. There are other accounts of the restraint of trade doctrine which do that well. Accounts of the restraint of trade doctrine include: Matthews & Adler, The Law Relating to Covenants in Restraints of Trade (London, 2nd ed 1907); Sanderson, Restraint of Trade in English law (London, 1926); Heydon, The Restraint of Trade Doctrine (London, 1971); Trebilcock, The Common Law of Restraint of Trade; A Legal and Economic Analysis (Toronto, 1986); Dean, The Law of Trade Secrets (Sydney, 1990); Mehigan & Griffiths, Restraint of Trade and Business Secrets: Law & Practice (London, 2nd ed 1991); Holdsworth, History of English Law IV (3rd ed, 1945) 343-54, 373-9; VIII (2nd ed, 1937) 56-42. There are other, less detailed accounts in contract law textbooks. The purpose of this dissertation is to describe aspects of the doctrine as it developed between the medieval period and the twentieth century and then to use that account as a basis for an analysis of how the law has taken a number of paths during the twentieth century which cannot be justified by the rules and their justifications which existed in the law prior to that time. Such a development has had important consequences for the restraint of trade doctrine and even the law in general, most of which have been detrimental. I do not intend to give a continuous historical narrative covering the whole of the doctrine. The history has been described before. For example, I do not intend to give a discrete account of the process by which the absolute rule against general restraints of trade gave way to the rule of reason, although I do mention this process where relevant for other purposes. The history, so far as it is relevant, is integrated into each chapter. I will argue that historically the restraint of trade doctrine was a rule or complex of rules, of a certain form and content. The form and content of the rule are important because they bear on the meaning of the class term "restraint of trade" which is an element of the rule. The meaning of that term began to change around the year 1890. Beginning first with certain classes of trade combination, courts began to classify as restraints of trade covenants which did not in fact restrain trade. Then the courts similarly treated the exclusive dealing contract and certain forms of property transaction. Another trend in the law which added to the confusion about the meaning of restraint of trade was the failure by the courts to make definitive findings one way or another as to whether a particular covenant was in restraint of trade. The courts were then faced with a dilemma. The law required a court to refuse to enforce a covenant in restraint of trade unless the covenantee could justify the restraint by presenting evidence to the court from which the courts could assess whether or not that particular restraint was within the reason for the restraint of trade doctrine or not. Such considerations were entirely inapt in the case of covenants which, in accordance with the traditional view, did not restrain trade. Yet if the courts did not validate these contracts, catastrophic consequences would have followed for the parties to such contracts and, indeed, to contract as an institution. To solve the dilemma the courts began to interpret the famous statement of the restraint of trade doctrine by Lord Macnaghten in Nordenfelt v Maxim Nordenfelt Guns & Ammunition Co [1894] AC 535, 565 (HL) literally, rather than contextually. Ultimately this has resulted in the obscuring of the rule underlying the restraint of trade doctrine itself. There were many minor confusions along the way. It is important that the doctrine is coherent and its use consistent with its justifications because it is still a fruitful cause of legal change. In the last year the force of the rule has caused a radical restructuring of Association Football in Europe Bosman’s case. The rule has even penetrated the collective consciousness of the community at large. The broad thrust of the development and the detail will be outlined in the next thirteen chapters.

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BON, Julie. "Competitive aspects of vertical restraints." Doctoral thesis, 2001. http://hdl.handle.net/1814/4873.

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Defence date: 7 December 2001
Examining board: Prof. Ulrich Kamecke, Humboldt University Berlin ; Prof. Bruce Lyons, University of East Anglia ; Prof. Massimo Motta, EUI, Supervisor ; Prof. Anne Perrot, Laboratoire d'Economie Industrielle, Paris
PDF of thesis uploaded from the Library digitised archive of EUI PhD theses completed between 2013 and 2017

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Dissertations / Theses on the topic 'Restraint of trade'

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