ABSTRACT

Restrictive agreements are commercial agreements that fetter the rights of the parties involved to compete with each other and/or certain third parties. While it might be easy to specify on paper the forms of restrictive terms that are usually opposed by policy view, separating in real life activities which are regarded as restrictive and those not regarded as such can sometimes be a difficult task – particularly where there is no explicit agreement to assess, or where values driving policy view encompass many factors outside micro-economics.