Vertical Restraint - Law Dictionary Search Results
Home Dictionary Name: vertical restraintvertical restraint
vertical restraint : a restraint of trade involving parties (as manufacturers and wholesalers) at different levels of a market structure ...
restraint of trade
restraint of trade 1 : an act, fact, or means of curbing the free flow of commerce or trade [covenant not to compete with an employer after leaving is in restraint of trade and must be reasonable to be enforced] 2 : an attempt or intent to eliminate or stifle competition, to effect a monopoly, to maintain prices artificially, or otherwise to hamper or obstruct the course of trade and commerce as it would be if left to the control of natural and economic forces [the Sherman Antitrust Act declared every contract, combination, and conspiracy in restraint of trade to be illegal] ;also : the means (as a contract or combination) employed in such an endeavor see also horizontal restraint, per se rule, rule of reason, vertical restraint Sherman Antitrust Act in the Important Laws section ...
Restraint of marriage
Restraint of marriage. On the ground of public policy, conditions attached to gifts or bequests to a person who has never been married, if in general restraint of marriage, are void, i.e., the donee or legatee takes the gift or bequest whether he or she marry or not; but a condition in restraint of the second marriage, whether of a man or woman, is not void, see Allen v. Jackson, (1875) 1 Ch D 399, and a condition is good if the restraint be partial only, e.g., if there be a bequest, with a gift over if the legatee should marry a particular person, or without a particular person's consent. Consult Theobald on Wills.A condition (esp. in a gift or bequest, that nullifies the grant to which it applies of the grantee marries or remarries, Black's Law Dictionary, 7th Edn., p. 1316....
Restraint of trade
Restraint of trade. Contracts in general restraint of trade--that is, that a party shall not carry on a particular trade at all--are void on the ground of public policy, Mitchel v. Reynolds, (1711) 1 P Wms 181; 1 Sm LC, but contracts in partial restraint of trade--that is, where the restraint does not extend further than is necessary for the reasonable protection of the party for whose protection it has been agreed to--are good, if made, although by deed, for some consideration, and if not injurious to the public interests of this country. See the Nordenfelt case,1894 AC 535, in which it is recognised that the law of this subject has been gradually growing in liberality, Attwood v. Lamont, (1920) 3 KB 571; Dewas v. Fitch, (1921) 2 AC 158; and consult Leake or Chitty on Contracts.An agreement between or combination of businesses intended to eliminate competition, create a mono-poly, artificially raise prices, or otherwise ad-versely affect free market, Black's Law Dictionary, 7th Edn....
prior restraint
prior restraint : governmental prohibition on expression (esp. by publication) before the expression actually takes place see also Near v. Minnesota and New York Times Co. v. United States in the Important Cases section compare censorship, freedom of speech NOTE: In New York Times Co. v. United States, the U.S. Supreme Court restated its position that “any system of prior restraints” bears “a heavy presumption against constitutional validity” and that the government “carries a heavy burden of showing justification for the imposition of such a restraint.” ...
vertical agreement
vertical agreement : an agreement among economic competitors on different levels of production or distribution that affects competition compare horizontal agreement NOTE: Unlike horizontal agreements, vertical agreements are not considered illegal per se under antitrust laws, but they must withstand judicial scrutiny to be held valid. ...
vertical price-fixing
vertical price-fixing : an illegal arrangement in which parties at different levels of a system of production and distribution act to fix the market price of goods ;esp : resale price maintenance compare horizontal price-fixing NOTE: Vertical price-fixing is a per se violation of antitrust laws. ...
vertical privity
vertical privity 1 : privity between one who acquires property burdened with a restrictive covenant and those who executed the covenant [require vertical privity for a restrictive covenant to run with the land] 2 : privity between parties (as a manufacturer and retailer) who occupy adjoining levels in a system of product distribution ...
horizontal restraint
horizontal restraint : a restraint of trade involving an agreement among competitors at the same distribution level for the purpose of minimizing competition ...
restraint
restraint 1 a : an act or fact of restraining see also prior restraint b : the state of being restrained 2 a : a means of restraining b : a device that restricts movement (as of prisoners or violent psychiatric patients) ...
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