ANTITRUST AND TRADE RELATIONS LAW CASES/JUDGMENTS

POLICY, PRACTICE & PUBLISHING LAW REPORTS, 3PLR

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TITLE MAIN ISSUES
A.H. BULL AND COMPANY V. WEST AFRICAN SHIPPING AGENCY AND LIGHTERAGE COMPANY ANTITRUST & TRADE RESTRAINT:- Tort of passing-off – Protection of product get-u/packaging/branding – How treated
ATTORNEY-GENERAL OF THE COMMONWEALTH OF AUSTRALIA V ADELAIDE STEAMSHIP COMPANY, LIMITED ANTI-TRUST AND TRADE REGULATIONS LAW:- Australian Industries Preservation Act, 1906, ss. 4, 7, 10, 15A–Contract or Combination in Restraint of Trade –Monopoly – Intent to the Detriment of the Public – Construction -Evidence to establish Offence.
CADBURY SCHWEPPES PROPERTY LIMITED AND OTHERS V. PUB SQUASH COMPANY PROPERTY LIMITED ANTITRUST & TRADE RESTRAINT:- Tort of passing-off – Protection of product get-u/packaging/branding – How treated
GAUMONT-BRITISH PICTURE CORPORATION LTD V ALEXANDER ANTI-TRUST AND TRADE REGULATION LAW:- Contract in restraint of trade and contrary to public policy – How determined – Enforceability – Relevant considerations
IGBOZOR V. EFFIONG AND ORS ANTI-TRUST  AND TRADE REGULATIONS:- Competition and Free Enterprise – Essence of – Constitutional basis in Section 40 – Need for competition to be encouraged in business activities – Justification of –  Protection of consumers right to profit from the opportunity for choices which engenders competition – Attitude of courts to informal ‘trade’ associations imposing their stipulations on non-members – Whether an a business operator is free to determine rates and prices independent of stipulation of unions  – Right of business operators to join or refrain from joining an association
OSWALD HICKSON COLLIER AND CO (A FIRM) V CARTER-RUCK ANTI-TRUST AND TRADE REGULATIONS – COMPETITION: Professionals – Lawyers – Restraint of trade by partnership agreement – Restriction on practice in event of partner ceasing to be a partner – Deed of partnership providing that outgoing partner not to solicit or act for clients of firm except for ‘any client introduced to the firm’ by him – Defendant partner joining sole practitioner practising under name of firm – Other partner dying leaving defendant in sole practice – Defendant later joined by other partners –Whether defendant entitled to continue to act for clients for whom he had acted while in sole practice.

 

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