Restraint of trade in commercial and corporate contracts
A practice note that explains the general principles governing the common law restraint of trade doctrine in the commercial context. The note considers when a contractual provision that restricts a party's freedom to carry on a trade, business, or profession will be prima facie void and outlines the requirements for enforceability. The note also examines the interplay between the restraint of trade doctrine and competition law. It considers restraints in: share and asset sale agreements, partnership arrangements, joint venture agreements, agency and distribution agreements, exclusive supply agreements, exclusive purchasing agreements, franchise agreements, patent and know-how licence agreements, media and entertainment contracts, sports contracts, publishing agreements, film and TV contracts and agreements relating to land.
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