Monday, August 23, 2010

Competition Law (Restraint of Trade)


The common law has evolved to reflect changing business conditions. So in the 1613 case of Rogers v. Parry a court held that a joiner who promised not to trade from his house for 21 years could have this bond enforced against him since the time and place was certain. It was also held that a man cannot bind himself to not use his trade generally by Chief Justice Coke. This was followed in Broad v. Jolyffe and Michell v. Reynolds where Lord Macclesfield asked, "What does it signify to a tradesman in London what another does in Newcastle?"

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