News & Analysis as of

Exclusive Territory

Territorial Restrictions in Gas Supply Contracts in Japan – Antitrust Implications and Experience from the European Union

by Shearman & Sterling LLP on

Japan, the world’s biggest buyer of liquefied natural gas (“LNG”), is currently investigating the potential anticompetitive effects of territorial restrictions in LNG supply contracts. Historically, LNG suppliers have used...more

Texas Court Of Appeals Reduces $115 Million Punitive Award To A Mere Shadow Of Itself

Courts applying BMW and State Farm often emphasize the Supreme Court’s admonition that the constitutional line is not “marked by a simple mathematical formula”—typically when rejecting a defendant’s argument that the ratio of...more

European Commission Publishes E-commerce Geo-Blocking Inquiry Findings

by Reed Smith on

The European Commission (the executive of the EU) recently published the initial findings of its e-commerce inquiry, an investigative process conducted to determine whether and to what extent competition is being restricted...more

What’s an Exclusive Territory?

by LeClairRyan on

The extent of a franchisee’s territorial rights is the subject of Item 12 of the franchise disclosure document (FDD). One of the questions franchisors must address in Item 12 is whether the territory is exclusive....more

Update: Noncompete Agreements in SC are Worth More Than the Paper They're Written On

by Nexsen Pruet, PLLC on

In light of the restrictive nature with which South Carolina courts have historically viewed noncompetition agreements, many people assume they are not enforceable and, in essence, “not worth the paper they’re written on.”...more

Cour de cassation Rules on Automotive Quantitative Selective Distribution Agreements

by McDermott Will & Emery on

The Cour de cassation, France’s highest court for judicial matters, rendered a judgment on 15 January 2013 in a case involving Jaguar’s distribution agreements in France. The judgment follows an earlier ruling on the matter...more

Focused on Franchise Law - December 2012

by Lewitt Hackman on

In This Issue: - Franchisor 101: FTC Updates Definition of "Exclusive Territory" - Franchisee 101: No Franchise If You Don't Pay A Fee - Barry Kurtz Honored As 2013 Super Lawyer ...more

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