Agreement in Restraint of Trade: What is it and Why is it Important?
When two parties enter into an agreement, it’s important that both parties have a fair and equal opportunity to compete in the relevant market. To achieve this, competition law is used to prevent any agreements or practices that may restrict trade. One such practice is called an agreement in restraint of trade.
An agreement in restraint of trade refers to any agreement that limits or restricts competition in any form. It could be a contract signed between two parties, or it could be an informal agreement made between a group of businesses.
Examples of such agreements include:
– Price-fixing agreements: Where businesses agree to set prices at a certain level, effectively removing competition.
– Market allocation agreements: Where businesses divide up the market among themselves, so they don’t compete with each other.
– Supply agreements: Where businesses agree not to supply goods or services to each other`s competitors.
These agreements are typically considered anti-competitive and prohibited by law. This is because they limit the ability of businesses to compete, thus reducing choices and increasing prices for consumers.
However, not all agreements in restraint of trade are prohibited. Some exceptions exist, where such agreements may be allowed if it can be shown that they have benefits that outweigh the harm they cause to competition.
For example, a non-compete clause in an employment contract may be considered reasonable if it’s limited in scope and duration. If an employee has access to trade secrets or confidential information, such a clause can ensure that they don’t use that information to compete against their former employer.
It’s important to note that agreements in restraint of trade don’t just affect businesses. They also impact consumers. When there’s a lack of competition, prices tend to be higher than they would be in a competitive market. This is because businesses are no longer incentivized to offer better products or services at lower prices.
In conclusion, agreements in restraint of trade are practices that limit or restrict competition in any way. They are typically considered anti-competitive and prohibited by law, except in limited circumstances. These agreements not only affect businesses but also consumers, leading to higher prices and limited choices. It’s important for businesses and individuals alike to understand the impact of these agreements and to comply with competition laws.