The Restraint of Trade Doctrine in the Era of Digital Markets

Thorpe, DE

The Restraint of Trade Doctrine in the Era of Digital Markets

Thorpe, DE

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Publisher:: LexisNexis
Publication Type:: Journal Article
Citation:: Journal of Contract Law, 2015, 32 (2)
Issue Date:: 2015-07-01

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Field	Value	Language
dc.contributor.author	Thorpe, DE https://orcid.org/0000-0002-3649-1724	en_US
dc.date.issued	2015-07-01	en_US
dc.identifier.citation	Journal of Contract Law, 2015, 32 (2)	en_US
dc.identifier.issn	1030-7230	en_US
dc.identifier.uri	http://hdl.handle.net/10453/122577
dc.description.abstract	It is now commonplace for trade in goods and services through the digital communications networks to involve commercial interests as diverse as medical surgery, educational services and the sale of sporting equipment. Rational covenantees will seek to protect and expand their trade interests by imposing on covenantors restraints on their use of cyberspace for purposes of trade. For courts of law the challenge will be to accommodate the competing interests of covenantees and covenantors. To not do so is to award to covenantees as the dominant contracting party a market of increasing global importance. This paper considers the application of the restraint of trade doctrine to the ‘cyber-markets’. The legitimate interests of covenantees and the question of reasonableness are considered. It is proposed that the very nature of the cyber-markets offers a unique opportunity for courts, through the acceptance of ‘micro-markets’ and policy adjustment, to promote freedom of trade in the digital marketplace.	en_US
dc.publisher	LexisNexis	en_US
dc.relation.ispartof	Journal of Contract Law	en_US
dc.title	The Restraint of Trade Doctrine in the Era of Digital Markets	en_US
dc.type	Journal Article
utslib.citation.volume	2	en_US
utslib.citation.volume	32	en_US
utslib.location.activity	Australia	en_US
utslib.for	1801 Law	en_US
dc.location.activity	Australia
pubs.embargo.period	Not known	en_US
pubs.organisational-group	/University of Technology Sydney
pubs.organisational-group	/University of Technology Sydney/Faculty of Law
utslib.copyright.status	closed_access
pubs.consider-herdc	true	en_US
pubs.issue	2	en_US
pubs.volume	32	en_US

Abstract:

It is now commonplace for trade in goods and services through the digital communications networks to involve commercial interests as diverse as medical surgery, educational services and the sale of sporting equipment. Rational covenantees will seek to protect and expand their trade interests by imposing on covenantors restraints on their use of cyberspace for purposes of trade. For courts of law the challenge will be to accommodate the competing interests of covenantees and covenantors. To not do so is to award to covenantees as the dominant contracting party a market of increasing global importance. This paper considers the application of the restraint of trade doctrine to the ‘cyber-markets’. The legitimate interests of covenantees and the question of reasonableness are considered. It is proposed that the very nature of the cyber-markets offers a unique opportunity for courts, through the acceptance of ‘micro-markets’ and policy adjustment, to promote freedom of trade in the digital marketplace.

Please use this identifier to cite or link to this item:

http://hdl.handle.net/10453/122577