Runaway Bulldog may come back to bite the three codes hard Jul 29, 2008
If the NRL and the Bulldogs are successful in convincing a French court to order Williams back to play rugby league, he will challenge the NRL's salary cap, arguing it is an unreasonable restraint of trade ... While restraint of trade is not inherently unlawful in itself, it must be deemed no more than necessary to protect the legitimate interests of the game. (Sydney Morning Herald -- Sport)
Sonny Bill's NRL legal bombshell Jul 29, 2008
But Williams's lawyers will argue that the salary cap is an unreasonable restraint of trade - and some legal experts suggest he could succeed. Williams was stuck in London last night, with visa difficulties delaying his move to France, but before he fled the Bulldogs last Saturday a leading Sydney barrister prepared a legal strategy to challenge the salary cap, which sets a ceiling of the total amount clubs can pay their players. (Sydney Morning Herald -- Sport)
Salary cap challenge will fail: lawyer Jul 29, 2008
"The test is not the illegality, it's the reasonableness of the restraint. "The AFL has argued for some considerable time that the twin pillars of restraint of trade, together with the salary cap in relation to their draft, have acted to ensure the evenness of the competition ... Nolan said technically even a normal contract between an employer and employee was a restraint of trade. (Sydney Morning Herald -- Sport)
Gwen Knapp From America- with strategy Jul 22, 2008
We tend not to discuss sports business that way, because it would be a real downer to call drafts and salary caps what they really are - restraint of trade and price-fixing. Besides, it's hard to get indignant on behalf of someone like Childress, whose price was fixed at $3. (San Francisco Chronicle -- Sports)
* Chambers fails in bid to overturn ban Jul 19, 2008
Mackay said Chambers argument of restraint of trade would be unlikely to succeed at a full trial, even if he could argue that there are indirect financial benefits from appearing at the amateur event. His 10-second time achieved last weekend is confronted by the fact that there will be nine other athletes in Beijing who have run a faster time this year, Mackay said. (Taipei Times, Taiwan -- World)
Laxman, Chawla told to shun their county teams Jul 19, 2008
At least 15 of the 18 English counties field ICL players from across the world fearing restraint of trade action. Agencies. (Hindu)
British sprinters bid to compete in Beijing rejected Jul 19, 2008
He served a two-year suspension after testing positive for the steroid THG in 2003, but argued that the BOAs additional punishment was an unfair restraint of trade. BOA chairman Lord Moynihan insisted the verdict was a vindication of the bylaw. (The Star Online, Malaysia -- Sports)
Chambers fails in bid to overturn Olympic ban Jul 18, 2008
The London-based sprinter's legal team had argued that the BOA ban represented a restraint of trade. However, judge Colin MacKay said if the challenge had gone to a fully-contested hearing he was not satisfied that Chambers had a reasonable prospect of proving his case. (International Herald Tribune -- Technology)
British sprinter Dwain Chambers fails in bid to compete at Beijing Games Jul 18, 2008
Mackay said Chambers' argument of restraint of trade would be unlikely to succeed at a full trial, even if he could argue that there are indirect financial benefits from appearing at the amateur event ... Crystal said that not allowing Chambers to compete in Beijing was a restraint of trade, adding that he represented best chance of a podium finish in the 100 in Beijing. (International Herald Tribune -- Health)
LETTERS: NCT, July 17, 2008 Jul 18, 2008
Apples Oranges wrote on Jul 17, 2008 11:57 AM:The Bottom Line, have you taken your information to the FTC and told them you have evidence of price fixing and restraint of trade. Go for it. (North County Times)
British Olympic trials Jul 13, 2008
Chambers will argue his Olympic ban is a restraint of trade. Controversial sprinter Dwain Chambers believes he will be allowed to compete in Beijing after winning the 100m title at the Olympic trials in Birmingham. (BBC Sport)
Former drugs cheat wins 100 metres Jul 13, 2008
" Chambers finished ahead of second-placed Simeon Williamson, who secured his Olympic place with a time of 10.03. The 100 metres team is likely to be named after Wednesday, when Chambers' legal representatives will challenge the bylaw that debars all drugs cheats from ever representing the country at Olympic level. Chambers failed a test for the designer steroid tetrahydrogestrinone (THG) in 2003. His barrister will argue that the bylaw is unenforceable and a restraint of trade, although the... (Ananova -- World Headlines)
Utility seeks help for S.C. project Jul 13, 2008
And they contend the commission s use of such authority would be an unconstitutional restraint of trade. At least one group of retail customers, the , is raising questions about the proposal. (Charlotte Business Journal, NC)
eBay continues Jul 4, 2008
" Posted by: AJL on July 4, 2008 2:43 PM I would also like to add my view about Ebay and the way you are not allowed to determine which form of payment you wish to use... They now force you to put Paypal on your listing - also you are not allowed to have a choice of which form of Paypal you wish to be paid, you have to be at the hands of the buyer. I prefer bank to bank which is free for both buyer and seller , but not allowed to request this or they will deregister me. Also, once you have used... (Sydney Morning Herald -- Technology)
Chambers makes move to overturn ban Jul 3, 2008
The statement from Chambers' said: "Mr Chambers will seek from the court a declaration that the bylaw is unenforceable, a declaration that he is eligible for inclusion in Team GB for Beijing 2008 and an order that, subject to his achieving first or second place at the UK trials, he be included in Team GB for the Beijing Olympic Games. "The basis of Mr Chambers' claim is that the bylaw is an unreasonable restraint of trade in that it goes further than is reasonably necessary for protecting the... (International Herald Tribune -- Technology)
Bloggers' challenge: Why can't we all get along? Jun 30, 2008
"... If firms in free markets can really monopolize in restraint of trade, the empirical evidence should reside in the many classic antitrust cases brought over the last 100 years. Yet an examination of some of the most famous of these classic antitrust cases reveals that the firms indicted and (mostly) convicted were generally increasing market output, lowering market prices, and innovating.One of the most famous (and misunderstood) antitrust cases in history is US v. Standard Oil of New Jersey... (Logan Herald Journal, UT)
Freedom Watch Sues OPEC for 'Economic Terrorism' Jun 10, 2008
The lawsuit asks the court to rule that OPECs actions constitute an unreasonable restraint of trade or commerce, and to order any legal or equitable relief that this Honorable Court may deem just and proper. . (Newsmax)
Stuart isn't a selector: Love Jun 1, 2008
AUSTRALIAN Rugby League chairman Colin Love has stressed that coach Ricky Stuart is not responsible for the selection of the national team. It comes in the wake of Stuart's demand for England-bound Michael Crocker to be omitted from future teams. (Sydney Morning Herald -- Sport)
Loose lips sink ships May 30, 2008
Lawyers are reporting a surge in cases relating to trade secrets, intellectual property (IP) and restraint of trade ... According to Rob McInnes, principal of Spruson & Ferguson Lawyers, there has been a rise in queries about what is a reasonable restraint of trade in employment and trade secret misappropriation by former employees ... " Here, you sign employees up for a limited period or a geographic area or a limited market and they won't approach customers. But employers have to make fair... (Sydney Morning Herald -- Business)
Time to do away with the 'Don James Rule' May 22, 2008
TIME FOR HANSEN TO STOP RESTRAINT OF TRADE ... An unethical restraint of trade is what that would be called. (Cougfan.com)
Fastest swimsuit causes more waves May 17, 2008
The suit alleges violations of federal and state antitrust laws, restraint of trade and false advertising in connection with the high-tech Speedo LZR Racer that sells for more than $500. TYR also sued USA Swimming, the sport's national governing body, and its head coach, Mark Schubert. (MSNBC -- Technology)
Farmers hurt by fertiliser delays May 16, 2008
The farmers were often told prices were about to go up, which constituted a restraint of trade on supplies, he said. "If you've got the product there, and you've advertised it for sale, and a farmer comes along to buy it and you refused to supply it, I think that's a restraint of trade," he told the senators. (Sydney Morning Herald -- Australia)
Speedo rival takes its suit to U.S. court May 16, 2008
TYR Sport filed a lawsuit this week against Warnaco Swimwear, the parent company of Speedo and the maker of the LZR Racer high-tech suit, citing unlawful restraint of trade and an attempt to monopolize the competitive swimwear marketplace. Also named in the lawsuit, which was first reported Thursday by The Los Angeles Times, are USA Swimming; the U.S. national team director, Mark Schubert; and the Olympic distance freestyler Erik Vendt, a former pitchman for TYR.. (International Herald Tribune -- Sports)
Dyson sweating on Windies stars' availability Apr 9, 2008
" This is a most delicate period for West Indies cricket. The Windies have won two of their past five Tests under Dyson, including this week's six-wicket victory against Sri Lanka in Port of Spain. Before their drought-breaking victory over South Africa in December, the team had not recorded a victory in their previous 20 Tests, dating back to mid-2005. Improvement, at long last. To maintain that, and to compete against the top-ranked Australians, the home side will require all hands on deck.... (Sydney Morning Herald -- Sport)
Gayle not yet in frame to face Aussies Mar 21, 2008
And given that Gayle will be paid his $US800,000 ($861,000) IPL contract on a pro rata basis, the West Indies captain could well argue that any move to block him from playing the second half of the tournament for the Kolkata franchise would amount to a restraint of trade. The final of the IPL will be played in Mumbai on June 1, two days after the second Test in Antigua is due to start. (Sydney Morning Herald -- Sport)
Ad Fee Talk Puts Buyers, Clients on Edge Mar 4, 2008
He added, There is no action we can do as an industry [like call for a boycott] because that would be collusion and a restraint of trade. That said, if the networks balk, I would expect the larger advertisers to individually decide that they are going to stop paying it, he noted. (MediaWeek.com)
Newsweek: A Wal-Mart for Arab-Americans Mar 3, 2008
Collusion, restraint of trade, price fixing, monopolistic behavior. Any thoughts from anti-trust attorneys. (MSNBC -- Race)
English players start push for IPL green light Feb 29, 2008
If English players are not now allowed to follow the huge amounts of dollars on offer elsewhere on the globe, there is the immediate potential for contract disputes and arguments about restraint of trade. Players are set to resist any moves to curtail their freedom to play where they wish. (Independent)
SN: Ruling puts colleges near pay-for-play day Feb 2, 2008
The federal antitrust lawsuit argued that NCAA limits on scholarships which cover tuition, books, housing and meals are a restraint of trade because of the gazillions the NCAA (see: the universities) makes from television, apparel, sold out stadiums, etc. etc. (MSNBC -- Sports)
The Friday Inside Scoop Feb 2, 2008
The plaintiffs argued that N.C.A.A. limits on scholarships, which cover tuition, books, housing and meals, were an unlawful restraint of trade because of the revenue generated from television, radio, licensing and other agreements. Tucson CitizenLOS ANGELES - Arizona interim coach Kevin O'Neill wanted Jawann McClellan to be more aggressive. (Oregon Sports -- Rivals.com)
AIG settles with Attorney General's office Jan 31, 2008
The attorney general's enforcement action also alleges that AIG entered into an illegal agreement not to compete against Allied World Assurance Co., another surplus lines property and casualty insurer, resulting in an unreasonable restraint of trade. While the other states did not elect to bring those charges against AIG, the company paid Texas $500,000. (Dallas Business Journal, TX)
NCAA agrees to $10M settlement in antitrust lawsuit Jan 30, 2008
The suit argued that restricting a scholarship to the cost of tuition, books, housing and meals was an unlawful restraint of trade because of the billions of dollars the NCAA earned through broadcast and licensing deals. NCAA general counsel Elsa Cole said she expects the court to approve the agreement. (USA Today -- Sports)
Lawsuit on the lanes Jan 27, 2008
Filed on behalf of anyone owning a bowling center between 1980 and 2007, the lawsuit claims the USBC engaged in unfair competition, restraint of trade, negligence, breach of contract and unjust enrichment. The lawsuit asks for restitution of defendant s wrongful profits, revenues, and benefits, to the extent and in the amount deemed appropriate by the court. (Carlisle Sentinel, PA)
Chambers' comeback to be scuppered Jan 15, 2008
UKA cannot stop Chambers running on the national and international circuit because it would be a restraint of trade as he has served his two-year ban. Shamed American Marion Jones was jailed for six months last Friday for lying about taking steroids and, like her, Chambers' supply of THG also came from the Bay Area Laboratory Co-operative in California. (Guardian Unlimited)
Buckeyes studied title-game opponent early on Jan 7, 2008
" Johnson & Johnson: There's been a good deal of winning lately in the household of Ohio State fullback Dionte Johnson. Not only are his Buckeyes 11-1, but his father, Pepper Johnson, is defensive line coach with the undefeated New England Patriots. A college national championship and Super Bowl title are within reach. NCAA lawsuit: Lawyers are negotiating a potential settlement in a federal antitrust suit that could raise NCAA limits on financial aid and allow schools to pay athletes for other... (USA Today -- Sports)
Settlement being negotiated in federal suit over NCAA scholarship cap Jan 6, 2008
It contended the NCAA limits on scholarships, which cover only tuition, books, housing and meals, are an unlawful restraint of trade because of the billions of dollars generated from TV, radio, licensing and other agreements through major college basketball and football. The limits deny a legitimate share of the tremendous benefits of their enterprise to the student athletes who make the big business of big-time college sports possible, the suit contended. (San Diego Union-Tribune -- Sports)
Specter Vows to Lift NFL TV Exemption Dec 27, 2007
The Sherman Antitrust Act -- passed in 1890 and used as a trust-busting hammer by President Theodore Roosevelt in the early 1900s -- states that 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 declared to be illegal. Enforcement of the Sherman law against the NFL would probably mean that each team would have to cut its own deals, perhaps dealing a blow to the NFL s vaunted... (Multichannel News)
WARREN THROCKMORTON: The real St. Nicholas - patron saint of virgins Dec 22, 2007
Viewed through the eyes of a pornographer, sex is commerce and sexual purity is restraint of trade. We need Saint Nicholas today. (Fresno Bee -- Opinion)
IPL vows two-year hands-off policy on retirees Dec 18, 2007
Federation of International Cricketers' Associations president Tim May has suggested such a move could be perceived as a restraint of trade, and could be open to a court challenge. Modi revealed that the eagerly anticipated long-form Memorandums of Understanding were released yesterday, and will be received by players over the coming days. (Sydney Morning Herald -- Sport)
Star cyclist considers legal action Dec 3, 2007
Network Ten has reported Davis is pursuing a restraint of trade action against cycling's peak body, the UCI.. Davis was implicated in last year's Operation Puerto, a Spanish anti-doping operation that continues to send shockwaves through the sport. (Sydney Morning Herald -- Sport)
* Fat vs fit Dec 1, 2007
"Some people would say that's a restraint of trade," he said. "But when you look at the impact these players have on other players and kids, I think there is some contribution, unmeasurable, to the overall problem of obesity in the United States.". (Taipei Times, Taiwan -- World)
* Kashechkin appeal could change face of sports drug tests Nov 7, 2007
Kashechkin's lawyer is Luc Misson, who co-defended Jean-Marc Bosman after the Belgian footballer took his team to the European Court of Justice, and won, over "restraint of trade" in 1995. Misson will argue in a Belgian court on Tuesday that sports bodies such as the International Cycling Union (UCI) and the World Anti Doping Agency (WADA) have no legal right to submit athletes to doping tests. (Taipei Times, Taiwan -- World)
Landmark doping case under way in Belgium Nov 7, 2007
And his lawyer Luc Misson, who co-defended Jean-Marc Bosman when the former Belgian footballer successfully sued his club at the European Court of Justice in 1995 over "restraint of trade", is confident of gaining a decision which could change the face of sport. Misson expects to win a case on the belief that "privately-run" sports bodies such as the UCI and the World Anti Doping Agency (WADA) have no legitimate right to test athletes. (SportsIllustrated.CNN -- More)
Voice in the wilderness Nov 6, 2007
Mr Avery says he sensed an effective restraint of trade. But the ombudsman just told him to call the government regulator, the Australian Communications and Media Authority. (Sydney Morning Herald -- Technology)
* The EU's attack on big US firms is a big mistake Nov 5, 2007
Rather than preventing monopolization and restraint of trade, as the theory goes, antitrust regulation in the "new economy" is a new face of the old "industrial policy," allowing bureaucrats to manipulate economic outcomes and favor companies dearer to them than the consumers' choice. The only beneficiaries of government officials' telling Microsoft how to make software are Microsoft's competitors -- and not competition. (Taipei Times, Taiwan -- World)
Road Warrior: No more car kidnapping Oct 25, 2007
They claimed the rules amount to restraint of trade. "The governor went too far," complained John Glass, president of the 250-member Garden State Towman's Association. (NorthJersey.com, NJ)
Zoning board weighs changing clinic rules Oct 22, 2007
"It's a restraint of trade.". Copyright. (Greenwich Time)
Court continues Microsoft antitrust case Oct 17, 2007
- Microsoft engaged in exclusionary agreements with manufacturers that amounted to unreasonable restraint of trade. Novell, which sold WordPerfect and Quattro Pro to Corel in 1996, previously reached a $536 million settlement with Microsoft on antitrust claims involving its NetWare operating system. (Herald Online, SC -- Technology)
Blacklist still vivid for Marsha Hunt Oct 17, 2007
"They never really acknowledged it because this was strictly illegal. It was restraint of trade, against the law in this country.". Born Marcia Virginia Hunt in Chicago and reared in New York City, her father was an insurance executive and her mother was a vocal coach and opera singer. (AZCentral -- Entertainment)
Suit Seeks Class Action Over iBricking Oct 10, 2007
The suit claims that Apple's actions constitute an illegal trust in restraint of trade. Although the complaint is attempting to create a class action lawsuit, only one person, Smith, has signed up for the class thusfar. (Yahoo News -- Technology)
Lawsuit Claims iBricking iPhone Unfair Oct 10, 2007
The suit alleges that Apple's actions constitute an illegal trust in restraint of trade ... In arguing that the ATe deal constitutes a substantial restraint of trade, the plaintiff points out that under the agreement, Apple is restrained for some time from developing a version of the iPhone that works on faster G3 networks, which use CDMA technology. (Yahoo News -- Technology)
Marcus Nelson's blog Oct 7, 2007
ROB, THAT 15,000 REQUIREMENT WAS THROWN OUT OVER A YEAR AGO BECAUSE AN NCAA LAWYER ADMITTED IT WAS AN UNFAIR RESTRAINT OF TRADE. I HOPE YOU COME TO THE MICHIGAN STATE-FAU GAME IN 2010 WHEN WE INAUGURATE OUR NEW ON-CAMPUS STADIUM. SORRY YOU HAVE. . (The Palm Beach Post)
Judd deal with Pies unlikely, says Nisbett Sep 23, 2007
"If the Chris Judd one (stalls other trades), I reckon we're going to be for the first time looking at some major legal action from a restraint of trade point of view. If I have players who miss out on being traded then I'll be going down that track this year.". AFL boss Andrew Demetriou yesterday warned clubs chasing Judd not to cheat on the salary cap with side agreements. (Sydney Morning Herald -- Sport)
'Deadlock' if Judd choses Collingwood Sep 22, 2007
"If the Chris Judd one comes down to one minute to two then I reckon we're going to be for the first time looking at some major legal action from a restraint of trade point of view. "If I have players who miss out on being traded because this trade happens at one minute to two then I'll be going down that track this year. " In other West Coast player movements, Daniel Chick still looks to have played his last game for the club with Nisbett saying he wouldn't be a offered a new contract despite... (Sydney Morning Herald -- Sport)
2nd insurance carrier under investigation (6:04 am) Sep 21, 2007
" Federal law exempts insurance companies from anti-trust laws in order to share statistical information through trade organizations. But officials say the exemption only goes so far. "You are not allowed to get together to decide how you are going to exercise restraint of trade or pricing or business practices," said Insurance Commissioner Kevin McCarty. "Those are violations of the anti-trust law. " Note to Article Comment users pnj.com and its related sites are pleased to be able to offer its... (Pensacola News Journal)
Expensive change of guard at Telecom NZ Sep 6, 2007
8 million, which included a bonus for "revised restraint of trade favourable to the company". She also received a salary of $NZ3. (Sydney Morning Herald -- Business)
Our easy life and the price we pay Sep 5, 2007
Bill wrote on Sep 4, 2007 4:49 PM:" To Genuine Democrat: I agree that this administration will do whatever it takes to help big business. I would rather that they didn't do that and let the free market work. I really am not interested in a big government nanny to look after me, though. I can read and make reasoned choices for myself. I expect the government to enforce the laws big business is supposed to follow regarding such items as: labor law, environmental requirements, restraint of trade,... (Albany Democrat-Herald, OR)
Some progress on webcast royalties Aug 25, 2007
"[I]f we extrapolate our current revenue to royalty ratio, our rates would go from $150,000 to $5 million at the point we hit the $1.25 million revenue cap," said Rusty Hodge, general manager of listener-supported SomaFM. "So if we can increase the size of our business to over 1.25 million dollars, we'll be forced out of business. This isn't an offer. This is a restraint of trade.". SoundExchange's offer is open until September 14. (iTWire)
SCANCEM Bribe: Full judgment Aug 10, 2007
The consultancy agreement was produced and shows a restraint of trade clause. His contracts of employment from his time at Noroem or Scancem International AS were not produced. (Ghana Web, Ghana)
Lendman: Cracks in the Constitution Aug 7, 2007
-- a number of cases, including US v. EC Knight Company in 1895, in which the Court vitiated the Sherman Anti-Trust Act of 1890 while at the same time keeping "hot on the trail of labor unions" as conspiracies in restraint of trade in violation of Sherman in Loewe v. Lawler in 1908. . (Zmag.org)
New Flap Over Warhol Portrait Jul 21, 2007
Saturday, July 21, 2007 Last Update: 08:30 AM EDT. SET FOR 'ONE MORE' TV VERSION. (New York Post -- Gossip)
AFL clubs keen for draft, trade changes Jul 12, 2007
While the AFLPA argues the current draft and trade system amount to a restraint of trade, the league has also been nervous about what effects free agency might have on the evenness of the competition. 2007 Brought to you by. (Sydney Morning Herald -- Sport)
AFL coaches warn against free agency Jul 11, 2007
The AFL Players Association has submitted a proposal for limited free agency, arguing aspects of the current system amount to a restraint of trade, leaving litigation open to players ... "I know the AFLPA and the AFL are probably worried about litigation of restraint of trade and so are obviously are looking at ways ... (of) making it easier or more simple for players to change clubs if they need to," Eade said ... Gale reiterated the AFLPA's support of the national draft despite describing it... (Sydney Morning Herald -- Sport)
No need to panic about player drain yet: Carr Jul 8, 2007
" Carr pointed out it would become a restraint of trade issue if the ARL imposed strict conditions on players leaving the NRL to ply their trade overseas. "We want the best players playing here," he said. "But the second part of the argument is that if a player has given good service in the NRL and wants to extend his career by playing elsewhere, is it fair to try to restrict him. " Gower, 29, will reportedly be paid up to $1.5 million in a three-year deal with French rugby club Bayonne. "When... (Sydney Morning Herald -- Sport)
FLASHBACK: List of Clinton Pardons... Jul 3, 2007
Conspiracy in restraint of trade in interstate commerce, 15 U.S.C. 1 ... Conspiracy in restraint of trade, 15 U.S.C. 1. (The Drudge Report)
