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Mitchel V Reynolds
''Mitchel v Reynolds'' (1711) 1 PWms 181 is decision in the history of the law of restraint of trade, handed down in 1711. It is generally cited for establishing the principle that reasonable restraints of trade, unlike unreasonable restraints of trade, are permissible and therefore enforceable and not a basis for civil or criminal liability. It is largely the basis in US antitrust law for the " rule of reason." William Howard Taft, then Chief Judge of the Sixth Circuit Court of Appeals, later US President and then Chief Justice of the Supreme Court, quoted ''Mitchel'' extensively when he first developed the antitrust rule-of-reason doctrine in '' Addyston Pipe & Steel Co. v. United States'', which was affirmed in 1899 by the Supreme Court. The doctrine also played a major role in the 1911 Supreme Court case '' Standard Oil Company of New Jersey v. United States'' 221 U.S. 1 (1911). ''Mitchel'' is also cited for the proposition that usually harmful practices may be rebuttably presu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lord Macclesfield
Earl of Macclesfield is a title that has been created twice. The first creation came in the Peerage of England in 1679 in favour of the soldier and politician Charles Gerard, 1st Baron Gerard. He had already been created Baron Gerard, of Brandon in the County of Suffolk, in 1645, and was made Viscount Brandon, of Brandon in the County of Suffolk, at the same time as he was given the earldom. These titles are also in the Peerage of England. Lord Macclesfield was the great-grandson of the distinguished judge Sir Gilbert Gerard, Master of the Rolls from 1581 to 1594. He was succeeded by his eldest son, the second Earl. He was involved in the Rye House Plot of 1683, was sentenced to death but later pardoned by the King. On his death without legitimate issue in 1701 the titles passed to his younger brother, the third Earl. He had earlier represented Yarmouth, Lancaster and Lancashire in the House of Commons. When he died in 1702 the titles became extinct. William Dorington or Do ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restraint Of Trade
Restraints of trade is a common law doctrine relating to the enforceability of contractual restrictions on freedom to conduct business. It is a precursor of modern competition law. In an old leading case of '' Mitchel v Reynolds'' (1711) Lord Smith LC said,'' Mitchel v Reynolds'' (1711) 1 P Wms 181 it is the privilege of a trader in a free country, in all matters not contrary to law, to regulate his own mode of carrying it on according to his own discretion and choice. If the law has regulated or restrained his mode of doing this, the law must be obeyed. But no power short of the general law ought to restrain his free discretion. A contractual undertaking not to trade is void and unenforceable against the promisor as contrary to the public policy of promoting trade, unless the restraint of trade is reasonable to protect the interest of the purchaser of a business.'' Nordenfelt v Maxim, Nordenfelt Guns and Ammunition Co'' 894AC 535 Restraints of trade can also appear in post-te ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rule Of Reason
The rule of reason is a legal doctrine used to interpret the Sherman Antitrust Act, one of the cornerstones of United States antitrust law. While some actions like price-fixing are considered illegal ''per se'''', ''other actions, such as possession of a monopoly, must be analyzed under the rule of reason and are only considered illegal when their effect is to unreasonably'' '' restrain trade. William Howard Taft, then Chief Judge of the Sixth Circuit Court of Appeals, first developed the doctrine in a ruling on ''Addyston Pipe and Steel Co. v. United States, ''which was affirmed in 1899 by the Supreme Court. The doctrine also played a major role in the 1911 Supreme Court case '' Standard Oil Company of New Jersey v. United States.'' History Upon its development some critics of ''Standard Oil'', including the lone dissenter Justice John Marshall Harlan, argued that ''Standard Oil'' and its rule of reason were a departure from previous Sherman Act case law, which purportedl ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Addyston Pipe & Steel Co
Addyston is a village in Miami Township, Hamilton County, Ohio, United States, along the Ohio River. The population was 938 at the 2010 census. The village was named after Matthew Addy, the proprietor of a local factory. Geography Addyston is located at (39.138292, -84.713204). According to the United States Census Bureau, the village has a total area of , of which is land and is water. Demographics 2010 census As of the census of 2010, there were 938 people, 372 households, and 228 families living in the village. The population density was . There were 448 housing units at an average density of . The racial makeup of the village was 89.7% White, 5.7% African American, 0.2% Native American, 0.2% Asian, 0.1% from other races, and 4.2% from two or more races. Hispanic or Latino of any race were 1.9% of the population. There were 372 households, of which 33.6% had children under the age of 18 living with them, 33.6% were married couples living together, 20.7% had a female ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standard Oil Company Of New Jersey V
Standard may refer to: Symbols * Colours, standards and guidons, kinds of military signs * Standard (emblem), a type of a large symbol or emblem used for identification Norms, conventions or requirements * Standard (metrology), an object that bears a defined relationship to a unit of measure used for calibration of measuring devices * Standard (timber unit), an obsolete measure of timber used in trade * Breed standard (also called bench standard), in animal fancy and animal husbandry * BioCompute Standard, a standard for next generation sequencing * ''De facto'' standard, product or system with market dominance * Gold standard, a monetary system based on gold; also used metaphorically for the best of several options, against which the others are measured * Internet Standard, a specification ratified as an open standard by the Internet Engineering Task Force * Learning standards, standards applied to education content * Standard displacement, a naval term describing the weig ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
St Andrew Holborn (parish)
__NOTOC__ St Andrew Holborn was an ancient English parish that until 1767 was partly in the City of London and mainly in the county of Middlesex. Its City, thus southern, part retained its former name or was sometimes officially referred to as St Andrew Holborn Below the Bars. History Ecclesiastical origins Thavie's original property, which was left for his endowment of the church, Thavie's Inn became a lawyers inn and may have been the original home of Lincoln's Inn before it relocated to its present site. Lincoln's sold Thavies Inn for redevelopment in 1785. Earlier that century the small east stained-glass window was put up, representing the arms of John Thavie, Esq., who in the year 1348 "left a considerable estate towards the support of this fabric for ever" as its caption reads. Four other new smaller parishes took over the largest green area depicted and most of Grey's Inn: *St John the Evangelist Red Lion Square took on the south-west, eating equally into St Giles ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lincoln's Inn
The Honourable Society of Lincoln's Inn is one of the four Inns of Court in London to which barristers of England and Wales belong and where they are called to the Bar. (The other three are Middle Temple, Inner Temple and Gray's Inn.) Lincoln's Inn, along with the three other Inns of Court, is recognised as being one of the world's most prestigious professional bodies of judges and lawyers. Lincoln's Inn is situated in Holborn, in the London Borough of Camden, just on the border with the City of London and the City of Westminster, and across the road from London School of Economics and Political Science, Royal Courts of Justice and King's College London's Maughan Library. The nearest tube station is Holborn tube station or Chancery Lane. Lincoln's Inn is the largest Inn, covering . It is believed to be named after Henry de Lacy, 3rd Earl of Lincoln. History During the 12th and early 13th centuries, the law was taught in the City of London, primarily by the clergy. Then two ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gray's Inn
The Honourable Society of Gray's Inn, commonly known as Gray's Inn, is one of the four Inns of Court (professional associations for barristers and judges) in London. To be called to the bar in order to practise as a barrister in England and Wales, an individual must belong to one of these inns. Located at the intersection of High Holborn and Gray's Inn Road in Central London, the Inn is a professional body and provides office and some residential accommodation for barristers. It is ruled by a governing council called "Pension," made up of the Masters of the Bench (or "benchers,") and led by the Treasurer, who is elected to serve a one-year term. The Inn is known for its gardens (the “Walks,”) which have existed since at least 1597. Gray's Inn does not claim a specific foundation date; none of the Inns of Court claims to be any older than the others. Law clerks and their apprentices have been established on the present site since at latest 1370, with records dating from 1381 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Thomas Parker, 1st Earl Of Macclesfield
Thomas Parker, 1st Earl of Macclesfield, (23 July 1666 – 28 April 1732) was an English Whig politician who sat in the House of Commons from 1705 to 1710. He was Lord Chief Justice from 1710 to 1718 and acted briefly as one of the regents before the arrival of King George I in Britain. His career ended when he was convicted of corruption on a massive scale and he spent the later years of his life in retirement at his home, Shirburn Castle in Oxfordshire. Early life Parker was born in Staffordshire, the son of Thomas Parker, an attorney at Leek and his wife Anne, daughter of Robert Venables of Nuneham, Cheshire. Sir Richard Levinge, 1st Baronet, a leading figure in Irish public life for three decades, was his first cousin. He was educated at Adams' Grammar School at Newport, Shropshire, Derby School in 1680 and at Rev. Samuel Ogden's school at Derby. He was admitted at Inner Temple in 1684 and at Trinity College, Cambridge as a pensioner in 1685. On 23 April 1691, he married Ja ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
South Sea Company
The South Sea Company (officially The Governor and Company of the merchants of Great Britain, trading to the South Seas and other parts of America, and for the encouragement of the Fishery) was a British joint-stock company founded in January 1711, created as a public-private partnership to consolidate and reduce the cost of the national debt. To generate income, in 1713 the company was granted a monopoly (the Asiento de Negros) to supply African slaves to the islands in the "South Seas" and South America. When the company was created, Britain was involved in the War of the Spanish Succession and Spain and Portugal controlled most of South America. There was thus no realistic prospect that trade would take place, and as it turned out, the Company never realised any significant profit from its monopoly. However, Company stock rose greatly in value as it expanded its operations dealing in government debt, and peaked in 1720 before suddenly collapsing to little above its ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
US Antitrust Law
In the United States, antitrust law is a collection of mostly federal laws that regulate the conduct and organization of businesses to promote competition and prevent unjustified monopolies. The three main U.S. antitrust statutes are the Sherman Act of 1890, the Clayton Act of 1914, and the Federal Trade Commission Act of 1914. These acts serve three major functions. First, Section 1 of the Sherman Act prohibits price fixing and the operation of cartels, and prohibits other collusive practices that unreasonably restrain trade. Second, Section 7 of the Clayton Act restricts the mergers and acquisitions of organizations that may substantially lessen competition or tend to create a monopoly. Third, Section 2 of the Sherman Act prohibits monopolization. Federal antitrust laws provide for both civil and criminal enforcement. Civil antitrust enforcement occurs through lawsuits filed by the Federal Trade Commission, the United States Department of Justice Antitrust Division, and priva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
EU Competition Law
European competition law is the competition law in use within the European Union. It promotes the maintenance of competition within the European Single Market by regulating anti-competitive conduct by companies to ensure that they do not create cartels and monopolies that would damage the interests of society. European competition law today derives mostly from articles 101 to 109 of the Treaty on the Functioning of the European Union (TFEU), as well as a series of Regulations and Directives. Four main policy areas include: *Cartels, or control of collusion and other anti-competitive practices, under article 101 TFEU. *Market dominance, or preventing the abuse of firms' dominant market positions under article 102 TFEU. *Mergers, control of proposed mergers, acquisitions and joint ventures involving companies that have a certain, defined amount of turnover in the EU, according to the European Union merger law. *State aid, control of direct and indirect aid given by Member St ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
