The Common Law Doctrine Of Restraint Of Trade And Its Relationship With Competition Law
Introduction
It is a well settled notion in common law that agreements which impose restraints on trade are not enforceable. This notion was developed further in the late 19th century and late 20th century and made applicable to what we call ‘competition law’ in the USA. It is important to note that the enactment of the Sherman Anti-trust Act, 1890 was a reason for this development.
What is the correlation between ‘restraint of trade doctrine’ and ‘modern competition law’? This article seeks to examine the relationship between the two by tracing back cases when the Sherman Act was newly enacted and the interpretation given by the US Supreme Court. The article has two parts. Part I deals with the doctrine of restraint of trade in order to have a clear understanding of it before stepping into part II where the correlation between the doctrine and competition law is analysed. Part III discusses the various provisions in different legislations enacted in India which deal......
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Approximate Word Count: 5891
Approximate Pages: 24 (250 words per double-spaced page)
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