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单词 restraint of trade
例句 restraint of trade
But in the view of prosecutors, “A&P’s behavior amounted to illegal restraint of trade.” Books of The Times: ?The Great A&P,? by Marc Levinson, a Retail History - Review 2011-09-06T21:03:24Z
“The antitrust laws do not require one competitor to help another compete with it; instead, they prohibit only unreasonable restraints of trade.” World swim body wins antitrust court case against athletes 2023-01-09T05:00:00Z
In lawsuits by pre-2018 workers, however, the chains have argued that there was no conspiracy or, in the alternative, that any restraint of trade was not unreasonable. Ex Burger King workers get another bite at 'no-hire' conspiracy lawsuit 2022-09-01T04:00:00Z
Rogers’ conclusion is another reason Epic didn’t prevail on the monopoly maintenance or restraint of trade claims discussed above, since two of them specifically dealt with IAP. A comprehensive breakdown of the Epic v. Apple ruling 2021-09-12T04:00:00Z
The Jedi Blue deal amounts to bid rigging, the letter suggests, in violation of the Sherman Act which states that a “contract … or conspiracy, in restraint of trade or commerce … is declared to be illegal.” Dems push for federal probe of alleged ad collusion between Google and Facebook 2021-09-01T04:00:00Z
The Supreme Court ruled that the arrangement was an illegal restraint of trade, establishing that companies must provide reasonable use of facilities that are essential for competitors. Apple asks court to rule iOS is not an "essential facility" 2021-05-19T04:00:00Z
Rex claims the practice violates state and federal laws against the “restraint of trade or commerce” because appearing on Zillow and its subsidiaries is “critical to effective competition in the market.” Zillow and Realtors group sued by online brokerage for alleged antitrust violations 2021-03-09T05:00:00Z
Folau is taking legal action against Rugby Australia, alleging restraint of trade over his ban from Super Rugby and international rugby union, the traditional 15-a-side game. Banned rugby star Israel Folau plans to play for Tonga 2019-09-23T04:00:00Z
Late last month, the Guild filed a sweeping complaint in federal court accusing the three biggest agencies with fraud, price-fixing, restraint of trade, racketeering and violating their fiduciary duty to clients. Perspective | Big agencies and studios have a lock on Hollywood. It’s high time to apply antitrust law. 2019-09-06T04:00:00Z
What happened to Mr. Jones could be described as “a conspiracy in restraint of trade,” in which one group of media companies gets another group of media companies to knock off a competitor. When Digital Platforms Become Censors 2018-08-17T04:00:00Z
In 2015, Judge Nicholas G. Garaufis of the United States District Court in Brooklyn ruled that contracts forbidding merchants to steer customers toward other forms of payment were an unlawful restraint of trade. Supreme Court Sides With American Express on Merchant Fees 2018-06-25T04:00:00Z
A few are thinking of copying California, where non-compete agreements count as illegitimate “restraints of trade” unless they protect trade secrets or are part of the deal when a business is sold. Lawmakers are trying to curb contracts that make it harder to change jobs 2018-05-17T04:00:00Z
In 1890 Congress passed the Sherman Antitrust Act, barring corporate consolidation in restraint of trade. Regulators Take On Silicon Valley, as They Did Earlier Innovators 2018-04-17T04:00:00Z
Keeping for-profit colleges from acting badly doesn’t qualify as any kind of restraint of trade. Editorials from around New York 2017-07-12T04:00:00Z
This is a classic restraint of trade, and all the more odious that it will hurt the people Democrats claim to champion. New York Tries to Kill Airbnb 2016-10-21T04:00:00Z
In effect, the court upheld the very compensation rules that it earlier described as a restraint of trade — just a slightly tweaked version. O’Bannon Ruling Stands, but the N.C.A.A.’s Status Quo Is Wobbling 2016-10-03T04:00:00Z
That court ruled in September 2015 that the NCAA's ban on compensating athletes for use of their names and images in TV broadcasts and video games constituted a restraint of trade under federal antitrust law. U.S. justices refuse to hear college athlete compensation cases 2016-10-03T04:00:00Z
They are, in the terms of the Sherman Act, combinations in restraint of trade. The Professional-Sports Bubble 2016-05-16T04:00:00Z
The document also indicates the government is examining whether Comcast’s ad deals with pay TV rivals are an unlawful restraint of trade. Justice Department Probing Comcast’s Role in ‘Spot’ Cable Ad Sales Market 2015-11-24T05:00:00Z
The judge was correct to conclude “that the N.C.A.A.’s compensation rules were an unlawful restraint of trade,” the appeals panel wrote. O’Bannon’s Hollow Victory Over the N.C.A.A. 2015-10-02T04:00:00Z
Take your pick: uncompensated use of player likenesses, the ability for student-athletes to unionize, or the antitrust claim arguing scholarship amateurism is an unlawful restraint of trade. The next 35 years of college football, predicted 2015-08-21T04:00:00Z
Other active cases include litigation against credit card companies for restraint of trade and private colleges for deceptive marketing, unfair practices and misrepresentation. New Mexico AG creates fraud task force 2015-07-15T04:00:00Z
A 2012 Third Circuit decision created a circuit split by holding that a reverse-payment settlement is prima facie evidence of an unreasonable restraint of trade. California's New Scrutiny Of Patent Litigation Settlements Will Not Stand Under Federal Law 2015-05-21T04:00:00Z
This smacks of "restraint of trade," a fundamental no-no in antitrust law. Supreme Court ruling puts state regulatory boards in crosshairs 2015-03-27T04:00:00Z
Some legislators said that forcing local and state government to buy flags made in the United States was “anti-capitalist” and a “restraint of trade.” 5 Things to Know in Florida for March 28 2015-03-27T04:00:00Z
This is based on the important distinction between concerted and unilateral conduct that separates the NCAA’s concerted restraints of trade from that Little League’s unilateral practices. The NCAA's Newest Farse: Comparing Its Concerted Restraints Of Trade To Little League Baseball's Unilateral Licensing Practices 2014-06-10T04:00:00Z
“These companies are—and should be—free to set their own terms based on their bottom-lines, and publishers like Hachette might consider tempering their  complaints about Amazon’s discrimination or restraint of trade,” Shepard wrote. As Hachette Battles Amazon, A Small Publisher Defends Bezos 2014-05-29T04:00:00Z
The UK challenged the law as a restraint of trade on the City, but the EU's highest court rejected the case. EU rejects UK short-sell challenge 2014-01-22T13:30:44Z
What’s particularly ironic is that restraint of trade back in the days of Plymouth Plantation almost killed off the Pilgrims. Shut Up and Shop This Turkey Day 2013-11-27T05:01:55Z
The reality though is that if there was to be a blockage there are obvious questions around restraint of trade. Pro12 clubs face 'financial oblivion' 2013-09-25T11:00:58Z
The Exiles won after proving on appeal that the section of the criteria referring to primacy of tenure was anti-competitive, but the Blues believe the whole lot amounts to a restraint of trade. The Breakdown 2013-04-18T11:30:30Z
Some athletes and sports bodies have previously challenged four-year bans in court as too severe and a restraint of trade. WADA confident 4-year bans will hold up in court 2012-11-19T16:35:11Z
This distribution agreement will remain in place until Hillenbrand Inc. settles legal issues regarding alleged restraint of trade in the casket business. TEXT-S&P affirms Hill-Rom rating after Aspen Surgical deal 2012-07-27T18:13:16Z
The RFU would probably back any move to simplify the criteria, and make them appear less a restraint of trade, but it has to convince Premiership Rugby. The Breakdown 2012-05-24T10:39:57Z
American Publishers' Association et al., claiming that the action of the publishers in endeavoring to maintain rates constituted a conspiracy in restraint of trade contrary to the statutes. Copyright: Its History and Its Law 2012-04-23T02:00:25.937Z
Justice Department over whether the proposed deals might constitute a restraint of trade, a person familiar with the matter said. ‘Desperate’ AT&T May Turn to Dish 2011-12-20T21:08:37Z
Justice Department over whether its proposed cable spectrum deals might constitute a restraint of trade, a person familiar with the matter said. Verizon Said to Be Probed by U.S. Over Spectrum Deals 2011-12-20T17:18:23Z
This law, however, applies only to "trusts" which are in restraint of trade among the states or with foreign nations. Government in the United States National, State and Local 2011-11-16T03:00:28.590Z
The suit, charging restraint of trade, alleges that Visa and MasterCard network rules prohibit ATM operators from offering lower prices for transactions over PIN-debit networks that are not affiliated with Visa or MasterCard. ATM group sues Visa, MasterCard over price fixing 2011-10-13T00:13:31Z
Thus as the government grants and guarantees the monopoly, it is not to be taken as in restraint of trade or otherwise contrary to law. Copyright: Its History and Its Law 2012-04-23T02:00:25.937Z
The “extremely wide” clauses were unrestricted in geography and amount to a restraint of trade, Singh said in the lawsuit. Cargill Bonus Plan Limits Stifle Competition, Ex-Trader Claims 2011-08-01T04:55:01Z
Lord Lang warns that tougher restrictions on people taking up new jobs in the private sector could open his committee's advice to legal challenges under 'restraint of trade' or even Human Rights law. The dash for cash 2011-07-26T04:07:58Z
Ms Kamakahi’s lawyers argue that the industry’s agreement to keep prices low constitutes a “conspiracy in restraint of trade”, in breach of antitrust law. The market in human eggs: Underpaid ovaries 2011-04-20T11:06:02Z
Labor unions are exempt from antitrust laws that otherwise prohibit collusion between those who would otherwise be competitors that results in restraint of trade, he said. NFL Case Judge Offers Mediation in Player-Owner Labor Fight 2011-04-07T01:01:01Z
The only question is whether it is a restraint of trade. Focal Point of Players? Lawsuit Is Lifting the Lockout 2011-03-16T01:54:05Z
Engrossing and the kindred practices of forestalling and regrating were early regarded as serious offences in restraint of trade, and were punishable both at common law and by statute. Encyclopaedia Britannica, 11th Edition, Volume 9, Slice 6 "English Language" to "Epsom Salts" 2011-02-19T03:00:59.807Z
It was frequently brought into conflict with legal theories about conspiracy, restraint of trade, intimidation, and breach of contract; and the necessity of amending the existing law was apparent. A Short History of English Liberalism 2010-12-22T15:03:38.007Z
Without a collectively bargained contract, those rules would be considered illegal restraints of trade. N.B.A. Players Voting on Step Toward Dissolving Union 2010-12-14T06:39:28Z
The problem of proving intent and arcane legal arguments about restraint of trade would save the hooligan from justice. Tony McCoy's life of denial should eclipse Graeme McDowell's feats 2010-10-09T23:11:00Z
Three years later Mr Justice Wilberforce ruled that the retain-and-transfer system operated by League clubs was an unreasonable restraint of trade. Javier Mascherano's move mocked the ideals behind freedom of contract 2010-09-03T11:34:00Z
"This agreement to divide the market, if proven, would be a naked restraint of trade subject to per se condemnation," he added. Court revives part of insurer bid-rigging suit 2010-08-16T19:56:00Z
One decision had declared that a Trade Union, being an association in restraint of trade, was illegal, and that an official who embezzled its funds could not be sued by the Society. A Short History of English Liberalism 2010-12-22T15:03:38.007Z
The judge’s verdict on Thursday was that Proactive’s contract represented restraint of trade because it covered eight years, while the English Football Association recommends a maximum deal of two years between player and agents. Global Soccer: After World Cup, It?s Worlds Apart for Top Players 2010-07-18T14:13:00Z
He said the original contract Rooney signed with Proactive amounted to a "restraint of trade" as it was up to eight years long, when the Football Association recommended a maximum of two years. Rooney wins Proactive court case 2010-07-15T13:47:00Z
The N.F.L. was sued for restraint of trade by American Needle, a company that makes team-logo clothing, after the league gave Reebok exclusive rights to make caps with logos of all 32 professional football teams. Editorial: Throwing the Rule Book at the N.F.L. 2010-05-27T01:41:00Z
Instead, Stevens sent the case back to a lower court to determine if the deal at issue had been unreasonable and therefore an illegal restraint of trade. UPDATE 1-US high court: NFL sports apparel suit can proceed 2010-05-24T15:05:00Z
To deny him a stint with Lancashire is nothing short of restraint of trade. Stopping county adventures of Indian players makes no sense | Dileep Premachandran 2010-04-02T12:46:00Z
Are you in favor of classifying trade unions as "trusts in restraint of trade," as was done by the supreme court in the case of Lowe vs. Labor and Freedom
It isn't worthy of you, Connie, and I'm not sure that it isn't an illegal restraint of trade. The Bachelors A Novel
As to covenants in restraint of trade see Restraint. Encyclopaedia Britannica, 11th Edition, Volume 7, Slice 6 "Coucy-le-Château" to "Crocodile"
Sailing outwith the confines of ordered government, their lawless outlook and freebooting found a ready rejoinder in restraint of trade and arbitrary imprisonment. Merchantmen-at-arms : the British merchants' service in the war
Picketing was intimidation; and the boycott was conspiracy in restraint of trade. Violence and the Labor Movement
But what is really important under this doctrine of public policy is the confinement of “contracts in restraint of trade” within special limits. Encyclopaedia Britannica, 11th Edition, Volume 7, Slice 2 "Constantine Pavlovich" to "Convention"
Every man spoke of it as a law against the trusts and monopolies, conspiracies in restraint of trade and commerce. Industrial Conspiracies
Besides, we now have in the Federal Trade Commission the beginnings of an administrative organization for dealing with the whole subject of monopoly and restraint of trade. Higher Education and Business Standards
He comes pretty near being a combination in restraint of trade, Goldmark does. Old Man Curry Race Track Stories
Meanwhile, Senator Norris introduced in Congress a bill designed to give the government power to seize importations of coffee when restraint of trade was proved. All About Coffee
When the cry of monopoly was raised, Interplanetary could point to these other manufacturers as proof that there was no restraint of trade. Empire
Debs was indicted for a conspiracy in restraint of trade. Industrial Conspiracies
It was claimed that this sort of merging of railroads was, after all, a conspiracy in restraint of trade. The New Nation
The best legal authorities believe that the new interpretation of "reasonableness" and "unreasonableness" of restraint of trade has increased rather than decreased the effectiveness of the law, inasmuch as the meaning has always been obscure. History of the United States, Volume 6
The old monopoly was in restraint of trade, and legal action helped to kill that kind. Supermind
In the previous Congress I had introduced a bill "to declare unlawful, trusts and combinations in restraint of trade and production," but no action was taken upon it. Recollections of Forty Years in the House, Senate and Cabinet An Autobiography.
They did patch up the laws against combinations in restraint of trade. Industrial Conspiracies
As in the earlier case they found their model in the common law, which had long prohibited conspiracies in restraint of trade. The New Nation
In the majority opinion the court took the position that the mere acquisition by the Securities Company of the stock of the two roads was in itself a combination for the restraint of trade. History of the United States, Volume 6
The common law has always held trade unions to be "illegal combinations in restraint of trade." Monopolies and the People
The object of the bill, as shown by the title, is 'to declare unlawful, trusts and combinations in restraint of trade and production.' Recollections of Forty Years in the House, Senate and Cabinet An Autobiography.
So, e.g., a protective tariff is plainly a conspiracy in restraint of trade, with a view to benefit the conspirators by hindering their competitors. An Inquiry Into The Nature Of Peace And The Terms Of Its Perpetuation
Curb the trusts, curtail combinations in restraint of trade, let all men get an even start in the race and the deserving will win. Watch Yourself Go By
The Sherman law is not to be interpreted as forbidding the reasonable restraints of trade which are not objectionable at common law. History of the United States, Volume 6
The development of judicial thought, in regard to contracts in restraint of trade, has been especially marked. Monopolies and the People
Every contract, combination in the form of a trust or otherwise or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations, is hereby declared to be illegal. Recollections of Forty Years in the House, Senate and Cabinet An Autobiography.
To the common man, with his preconceptions on the head of "restraint of trade," the proposed remedy seems more vicious than the evil it is designed to cure. An Inquiry Into The Nature Of Peace And The Terms Of Its Perpetuation
It's pretty arbitrary—it looks a little like a combination in restraint of trade, although company organizations in a lot of states have separation rules. White Ashes
The court held that an action could be maintained in this case and that the combination as it existed was "in restraint of trade" in the sense designated by the act of 1890. History of the United States, Volume 6
Taken all in all, very little was heard of "the galling restraints of trade" until after the French war, when the British government suddenly entered upon a new course. History of the United States
I am going to use the Consolidated Companies as an example, and urge immediate active enforcement of the Sherman Act against all consolidations which aim at monopolies or the restraint of trade. The Lever A Novel
The curbing of monopolies and combinations in restraint of trade was no part of the functions of the Federal Government as planned by the framers of the Constitution. Our Changing Constitution
McGaw's people think it ties the State's hands from proceeding against concerns which operate in restraint of trade by restricting their distributing centers. White Ashes
From appearances the Supreme Court has practically amended the Sherman act by limiting its application to "unreasonable" restraints of trade. History of the United States, Volume 6
This act declared illegal "every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade and commerce among the several states or with foreign nations." History of the United States
But we do claim the right and duty of the Government to investigate and punish any artificial creation of high prices by means of illegal monopolies or restraints of trade. Have faith in Massachusetts; 2d ed. A Collection of Speeches and Messages
The legal uncertainties that have arisen in its enforcement have not been with respect to the meaning of the terms "restraint of trade" and "monopoly," although the popular impression is to the contrary. Our Changing Constitution
It's a little too much like a boycott—it gives them too much the appearance of a combination in restraint of trade. White Ashes
In 1890, Congress passed a law prohibiting such combinations "in restraint of trade or commerce among the several States or with foreign nations." Our Government: Local, State, and National: Idaho Edition
It declared that "the labor of a human being is not a commodity or an article of commerce," and it exempted unions from prosecution as "combinations in restraint of trade." History of the United States
All these tend to monopoly, and act, of course, in restraint of trade; the broader meanings of these two latter more important principles we leave for later discussion. Popular Law-making
Not until the eighteenth century was this rigid doctrine somewhat relaxed so as to permit the sale of the "good will" of a business under limited conditions, and some "reasonable" contracts in restraint of trade. Modern Economic Problems Economics Volume II
Every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations, is … illegal. The United States Since the Civil War
It forbids contracts "in restraint of trade or commerce" between the States. The American Judiciary
Compare the medieval abhorrence of "engrossing" with the modern idea that "combinations in restraint of trade" are wrong. Early European History
So, it is an offence under most State anti-trust laws, as it was at the common law, to fix the price of an article—that is restraint of trade—or to limit the output. Popular Law-making
The common law contained prohibitions enough, both broad and specific, against contracts and acts in restraint of trade. Modern Economic Problems Economics Volume II
But Congressional activity as to any combinations in restraint of trade was unabated. A Brief History of Panics and Their Periodical Occurrence in the United States
In 1890 the dread of the enhancement of prices by monopoly, as the Supreme Court itself has explained, caused Congress to pass the famous Sherman Act, which prohibited indiscriminately all monopolies or restraints of trade. The Theory of Social Revolutions
Laws were passed declaring combinations conspiracies in restraint of trade and prohibiting the granting of secret discriminative rates by the railroads. Great Fortunes from Railroads
The broad principles, however, upon which the gravamen of even these first three rests, is restraint of trade, which was always obnoxious at the common law. Popular Law-making
The answer may be ventured that in the common law the whole question of restraint of trade was treated primarily as one of private rights and only incidentally as one involving general public policy. Modern Economic Problems Economics Volume II
It called upon the President for such information as the Interstate Commerce Commission might have as to a combination in restraint of trade between the Pennsylvania Railroad and certain lines allied with it. A Brief History of Panics and Their Periodical Occurrence in the United States
What is a reasonable as opposed to an unreasonable restraint of trade? Problems in American Democracy
In the same situation one side saw progress, economy, and a splendid development; the other, reaction, extravagance, and a restraint of trade. Public Opinion
But, moreover, on a familiar principle of hermeneutics, it might be argued to repeal the whole criminal common law of restraint of trade—doubtless the last thing they intended to do! Popular Law-making
Now the injury of higher prices due to contracts in restraint of trade is usually diffused among many customers, and the loss of any one is less than the expense of bringing suit. Modern Economic Problems Economics Volume II
In 1836 a few thoughtful men in London, who were opposed to any restraint of trade, formed an Anti-Corn Law Association. Ten Englishmen of the Nineteenth Century
The Act specifies a number of other practices which constitute unreasonable restraints of trade. Problems in American Democracy
Other laws were passed, such as the Sherman Act, or "Anti-Trust Law," of 1890, which made unlawful any "contract, combination … or conspiracy in restraint of trade." Community Civics and Rural Life
There is no question then that all contracts in unreasonable restraint of trade were always unlawful in England and are so therefore by our common law. Popular Law-making
Section 1 of the Sherman law declared illegal "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several states, or with foreign nations." Modern Economic Problems Economics Volume II
The second legal doctrine which Americans have inherited from England and which has played a leading role in labor controversies is the doctrine that declares unlawful all combinations in restraint of trade. The Armies of Labor A chronicle of the organized wage-earners
This Act declared illegal "every contract, combination in the form of trust or otherwise, or conspiracy, in restraint of trade or commerce among the several States, or with foreign nations." Problems in American Democracy
By the successful prosecution of this case the Sherman act was made once more a potentially valuable instrument for the prevention of the more flagrant evils that flow from "combinations in restraint of trade." Theodore Roosevelt and His Times
Thus restraint of trade and freedom of labor begin and end as the most usual subjects of English popular law-making. Popular Law-making
These two things, restraint of trade and advantage of shipping, are the chief material causes of anger between modern states. War and the future: Italy, France and Britain at war
They are not, however, criminal except by statute, though a combination in restraint of trade, etc., was always so. Popular Law-making
After 1911 the courts held that the restraint of trade was illegal if "unreasonable," but few juries could be found that could agree upon the difference between a "reasonable" and an "unreasonable" restraint of trade. Problems in American Democracy
The Sherman Anti-Trust law, which had already been on the Federal statute books for eleven years, forbade "combinations in restraint of trade" in the field of interstate commerce. Theodore Roosevelt and His Times
The logic is simple; and in the same way a trades-union was certainly an alliance between skilled workmen, and as such forbidden under the Statute of Laborers, besides being a combination in restraint of trade. Popular Law-making
There had been long and ardent debate whether the Sherman act should be held to apply to all restraints of trade or only to such as were unreasonable. Theodore Roosevelt and His Times
He made clear the conviction of the court that it was "undue" restraints of trade which the law forbade and not incidental or inconsiderable ones. Theodore Roosevelt and His Times
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