RESTRAINT OF TRADE
restraint of trade.1. A limitation on business dealings or professional or gainful occupations.
2. Antitrust. An agreement between or combination of businesses intended to eliminate competition, create a monopoly, artificially raise prices, or otherwise adversely affect the free market. ? Restraints of trade are usu. illegal, but may be declared reasonable if they are in the best interests of both the parties and the public. ¡ª Often shortened to restraint.
¡ª Also termed conspiracy in restraint of trade. See PER SE RULE; RULE OF REASON. [Cases: Monopolies 12. C.J.S. Monopolies ¡ì¡ì 19, 26¨C27, 62¨C63.]
horizontal restraint. A restraint of trade imposed by agreement between competitors at the same level of distribution. ? The restraint is horizontal not because it has horizontal effects, but because it is the product of a horizontal agreement.
¡ª Also termed horizontal agreement.
unreasonable restraint of trade. A restraint of trade that produces a significant anticompetitive effect and thus violates antitrust law.
vertical restraint. A restraint of trade imposed by agreement between firms at different levels of distribution (as between manufacturer and retailer).
How would a bilingual lawyer translate the term RESTRAINT OF TRADE into Chinese?
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