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Ed Turner
Ed Turner,
Category: Law
Satisfied Customers: 1527
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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Do you offer competition law advice? United Kingdom, it

Customer Question

hello. do you offer competition law advice?
JA: Where is this? It matters because laws vary by location.
Customer: United Kingdom
JA: What steps have been taken so far?
Customer: it seems damaged party lodged papers with courts, also sent me 2 emails with all the details
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i have big text explaining what happened should I paste it now?
Submitted: 10 days ago.
Category: Law
Expert:  Virtual-mod replied 9 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Ed Turner replied 9 days ago.

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and shall be reviewing your legal problem today.

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer.

However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Expert:  Ed Turner replied 9 days ago.

To enable me to answer your query, please provide me with some further information about your legal issue and how you want a lawyer to help you.

Expert:  Ed Turner replied 5 days ago.

Do you still need expert assistance in this matter?

Please provide me with the further information I have requested in order that I may answer your question.

Expert:  Ed Turner replied 4 days ago.

I note that you have not replied to my request for further information. I shall therefore post a “general answer” to your type of legal issue. Please revert to me if I am mistaken as to your type of legal issue or the answer does not fit the facts of your situation and I shall be delighted to amend my answer accordingly.

Expert:  Ed Turner replied 4 days ago.

If one of the parties to a contract are attempting to impose a “Restraint of Trade” clause on the other party, then this is unlikely to be legal or enforceable.

Restraint of Trade clauses in commercial contracts are void at common law unless three conditions are satisfied. The clause must be:

1. designed to protect a “legitimate business interest” of the party imposing the restraint, which include trade connections with suppliers or customers, trade secrets or other confidential information, and the stability of the workforce.

2. no wider than reasonably necessary to protect that interest.

3. not contrary to the public interest.

It may appear to a Court to be an attempt to tie the other party’s hands behind their back by not providing services to your competitors.

The party may have commercial motives to maintain your profits by imposing the Restraint of Trade clause. However, this clearly implies that there is unequal bargaining power between the parties and therefore your position is vulnerable to attack under the UK’s Unfair Contract Terms Act 1977.

Restraint of Trade clauses risk breaching UK and EU Competition Law as per Article 101 of the Treaty of Rome and Chapter 1 of the UK Competition Act 1998. The Restraint of Trade clause appears to be a “Hardcore Restriction” in that it is a restriction of sales to end-users by buyers operating at the retail level of trade. Therefore, it is not necessary to consider its potential or actual effects on competition and the market. If the legal enforceability at common law and unfair contract terms legislation does not concern you, an investigation by the Competition and Markets Authority certainly should.

Expert:  Ed Turner replied 4 days ago.

I hope this resolves your enquiry. Please revert to me if you require any clarification of my answer to your question and I shall be delighted to assist.

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating to conclude this matter.

Kind regards

LawyerEd