Examples of Restrictive Terms in a sentence
As of the end of December 2008, the JFTC was conducting ongoing hearing procedures for 57 cases, of which 13 concerned allegations of violations of the AMA, 40 concerned surcharge payment orders and 4 concerned allegations of violations of the Premiums and Representations Act.The JFTC issued decisions on 59 cases in 2008 following hearing procedures, including the case of Trading on Restrictive Terms Relating to Windows OEM Sales Agreements by Microsoft Corporation.
Discount for Restrictive Terms The Binomial Model and Black-Scholes Formula assume that the options being valued can be sold on a secondary market.
See U.S. Dep’t Justice, Fact Sheet: Prosecuting and Detaining Terror Suspects in the U.S. Criminal Justice System, June 9, 2009, available at http://www.justice.gov/opa/pr/2009/June/09‐ag‐564.html; Kareem Fahim, Restrictive Terms of Prisoner’s Confinement Add Fuel to Debate, N.Y. TIMES, Feb.
However, they may lead to competitiveconcerns, ☆(i) when such clauses contribute to unreasonable profit sharing with a seller, or (ii) when such clauses have some effects to prevent a buyer from reselling because a seller request for the disclosure of the profit or cost structure (Unfair Trade Practices: Trading on Restrictive Terms) Providing Take or Pay clauses is not basically harmful under the AMA.
Given the above findings of fact, the Japan Fair Trade Commission issued a cease and desist order on December 10, 2009, because such an act is in violation of Article 19 of the Antimonopoly Act (falling within Paragraph 13 [Trading on Restrictive Terms] of the Designation of Unfair Trade Practices).
Accordingly, on July 13, 2004, the JFTC issued a recommendation for elimination of the conduct, which shall be construed as dealing with PC manufacturers on conditions which unjustly restrict their business activities, for violation of Section 19 of the Antimonopoly Act (corresponding to Subsection 13, Dealing on Restrictive Terms, the Designation of Unfair Trade Practices).
Given the above, under a fixed-term FOB contract, in general, as providing profit share clauses is not considered as reasonable, providing profit share clauses is highly likely to be in violation of the Antimonopoly Act (Unfair Trade Practices: Trading on Restrictive Terms).
Shalom Lerner, Restrictive Terms in Floating Charges: The Israeli Experience, 39 St. Louis U.
Actions that may lead to competitive concerns ☆Providing destination clauses (Unfair Trade Practices: Trading on Restrictive Terms) ★The restrictions on diversion as well as providing destination clauses (Unfair Trade Practices: Trading on Restrictive Terms) Necessary and reasonable restrictions are not basically harmful under the AMA.
Summary Given the above, it cannot be said that providing destination clauses itself under a fixed-term FOB contract is necessary and reasonable, and such a provision is likely to be in violation of the Antimonopoly Act (Unfair Trade Practices: Trading on Restrictive Terms).