Meaning & use

restraint of trade

noun·Advancedlegal

Last updated

UK/rɪˈstreɪnt əv ˈtreɪd/
US/rɪˈstreɪnt əv ˈtreɪd/

Meanings

  1. noununcountablelegal

    Any arrangement that limits free competition in business, such as an agreement to fix prices or keep rivals out.

    Grammar: Usually used without an or the: agreements in restraint of trade.

    Patterns

    • in restraint of trade
    • a restraint of trade

    The court ruled that the price agreement was in restraint of trade.

    Cartels are classic examples of restraint of trade.

    Laws against restraint of trade protect consumers from inflated prices.

  2. nouncountable or uncountablelegal

    A clause in an employment or sale contract that stops a person from working in the same field or competing after leaving.

    Grammar: Often discussed as a clause that a court may reject if it is too wide.

    Patterns

    • a clause in restraint of trade

    The clause was struck down as an unreasonable restraint of trade.

    Her contract contained a restraint of trade preventing her from joining a rival.

    Courts balance the restraint of trade against the company's need to protect secrets.

Common combinations

in restraint of trade
The contract was held to be in restraint of trade.
unreasonable restraint of trade
The judge found an unreasonable restraint of trade.
restraint of trade clause
The restraint of trade clause lasted two years.
illegal restraint of trade
Price fixing is an illegal restraint of trade.

Synonyms and how they differ

anticompetitive practice
Anticompetitive practice is the modern term in regulation, while restraint of trade is the older legal phrase.
monopolization
Monopolization means taking control of a market, which is narrower than any limit on competition.
non-compete clause
A non-compete clause is one specific example, while restraint of trade covers all such limits.

Opposites

free tradefair competition

Word family

restrain verb
to hold back or limit
restraint noun
a limit or control
restrictive adjective
limiting
trade noun
buying and selling of goods

Commonly confused: restraint of trade or trade restriction?

restraint of trade vs trade restriction

A trade restriction is a government limit such as a tariff, while restraint of trade is a private agreement limiting competition.

Practice

The court decided the clause was an unreasonable ____ because it banned her from working in her profession anywhere.

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