Restraint of Trade. Robinson-Patman Act. Meeting Competition in Good Faith Held No Defense to Charge of Price Discrimination

1949 ◽  
Vol 62 (7) ◽  
pp. 1249
Author(s):  
Hiroyuki KIHARA

This chapter examines how Japanese contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under specific legislation, sometimes targeted exclusively at standard terms or consumer contracts. It also analyses how the Japanese courts have exercised a more indirect control by employing traditional general contract law doctrines, such as public policy, good faith, interpretation, or the rules on procedural fairness, in order to protect parties against the imposition of unfair terms. A number of hypothetical clauses are analysed to illustrate how Japanese courts regulate unfair contract terms in practice.


1978 ◽  
Vol 6 (1) ◽  
pp. 15-25
Author(s):  
Terry Calvani

The attempt by the United States government to preserve competition and its benefits has produced a succession of legislation, popularly known as the antitrust laws, which began with the Sherman Antitrust Act of 1890. This law prohibits combinations in restraint of trade and monopolization of trade. The Federal Trade Commission Act of 1914 established a federal agency to enforce antitrust and outlawed “unfair” competition. The Clayton Act, passed in the same year and amended by the Robinson–Patman Act in 1936, forbids price discrimination, mergers, and other actions when judged destructive of competition.These statutes have generated an enormous quantity of litigation and have stimulated a plethora of literature. The following article, written by an expert who teaches and writes in the. field of antitrust, describes the more important works on the subject which, taken together, could constitute a basic collection of antitrust literature for law libraries inside and outside the United Slates.


Author(s):  
Tae-Yong Ahn

This chapter examines how Korean contract law deals with extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under specific legislation, sometimes targeted exclusively at standard terms or consumer contracts. It also analyses how the Korean courts have exercised a more indirect control by employing traditional general contract law doctrines, such as public policy, good faith, interpretation, or the rules on procedural fairness, in order to protect parties against the imposition of unfair terms. A number of hypothetical clauses are analysed to illustrate how Korean courts regulate unfair contract terms in practice.


Author(s):  
Gary F Bell

This chapter examines the Indonesian law on contractual interpretation and the regulation of unfair terms. With regard to the former, it discusses two closely connected issues in defining the contents of contracts: the approaches adopted in interpreting the meaning of agreed contractual terms, as well as to what extent additional terms are implied to supplement the express terms. It discusses the underlying philosophy of interpretation with regard to the dichotomy of ‘objective’ and ‘subjective’ approaches; it details the various interpretative aids, such as customs, usages, the commercial background, good faith, and the negotiations of the parties; and it shows how Indonesian law resolves the tension between literalist and contextualist approaches to interpretation. With regard to the latter, the chapter shows that Indonesian contract law has only limited responses available to tackle extremely one-sided, onerous, or otherwise unfair terms, such as exclusions or limitations of liability, penalty clauses, or restraint of trade clauses. It discusses the overt judicial control of such terms under specific legislation, targeted exclusively at standard terms in consumer contracts. Attention is also paid to the enforcement mechanisms for measures of consumer protection. The chapter further analyses how the Indonesian courts have exercised a control by employing traditional general contract law doctrines such as good faith and equity, including the rules on interpretation, in order to protect parties against the imposition of unfair terms. A number of hypothetical scenarios illustrate how the courts in Indonesia deal with issues of contractual interpretation and gap-filling and how they regulate unfair terms in practice.


Moreana ◽  
2009 ◽  
Vol 46 (Number 176) (1) ◽  
pp. 65-76
Author(s):  
Joshua Avery
Keyword(s):  

This study draws upon the Platonic dialogue tradition as a background for interpreting the conversation between More and his daughter Margaret Roper, as depicted in Margaret’s letter to Alice Alington. With an eye to the famously ironic Socrates, this article will propose the interpretation of a puzzling statement regarding More’s apparent good faith in the sincerity of others who have reversed their positions regarding the problematic oath. Is More expressing ironic distance or straightforward charity in his ambiguous language? The argument is that More, utilizing his legal and literary skills, carefully crafts a rhetoric that paradoxically joins remarkable charity with worldly-wise irony.


2018 ◽  
Vol 18 (2) ◽  
pp. 59-84
Author(s):  
Slavomír Halla

Abstract Consent, the final frontier. International commercial arbitration is a dis­pute resolution mechanism embedded in consent of the parties involved. Presentation of such a mutual understanding is done through an arbitration agreement. However, the aim of this paper is to analyse whether its contractual, indeed consensual, nature is the only element which the courts use to identify the subjects who may compel or must be compelled to arbitrate disputes, or whether they employ other considerations as well. The paper will focus on extension doctrines which might be less known even to a professional audience: piercing of the corporate veil, estoppel & group of companies. A review of selected case law leads to a conclusion that consent-finding analysis is defi­nitely a starting point of any analysis. However, at the same time courts and arbitrators do indeed use tools of contract interpretation and the ones based on equity or good faith considerations to establish, and exceptionally force, the implication of consent far beyond what is obvious.


Sign in / Sign up

Export Citation Format

Share Document