Sentences with phrase «under rule of reason»

Like price - fixing, group boycotting is generally characterized as a per se violation of the antitrust laws, although certain boycott activities may be addressed under the Rule of Reason.

The lawfulness of such agreements will in many cases be analyzed under the Rule of Reason, which balances the pro-competitive effects of the agreement, if any, against the anti-competitive consequences.

The court stated that inquiry is made under Rule of Reason unless the challenged conduct constitutes «agreements or practices which because of their pernicious effect on competition and lack of any redeeming virtue are conclusively presumed to be unreasonable and therefore illegal without elaborate inquiry as to the precise harm they have caused or the business excuse for their use.»

Under the Rule of Reason, the district court held that the Board's ethical rules and arbitral forum for enforcing those rules constituted a valid pro-competitive reason for the membership requirement.

The court held that membership criteria which gave a Board the means to restrict access to the MLS were potentially anti-competitive and constituted an impermissible group boycott under Rule of Reason...

The court held that membership criteria which gave a Board the means to restrict access to the MLS were potentially anti-competitive and constituted an impermissible group boycott under Rule of Reason analysis.

In a highly controversial decision that led to backlash by certain states, the Supreme Court lifted the per se veil from these controversial vertical agreements and declared that, at least as far as federal antitrust law is concerned, courts should analyze resale price maintenance under the rule of reason.

In a decision with far - reaching implications for patent misuse doctrine generally, the court (1) affirmed that patent misuse is applicable only to specific anticompetitive patentee conduct; and (2) recognized that an agreement between partners to a joint venture not to compete with the venture can have legitimate and pro-competitive purposes, and therefore can be condemned only on proof of anticompetitive effects under the rule of reason.

Not exact matches

Proposal details: We note how many proposals have been filed in each category, which are now pending, how many have been withdrawn for tactical or substantive reasons after negotiated agreements with companies, and the disposition of challenges to the proposals at the Securities and Exchange Commission (SEC) under its shareholder proposal rule.

A major reason why is because Camp Kotok is held under Chatham House rules, which means that everybody opens up and bounces radical ideas off their fellow attendees without fear of them ending up on Twitter.

But for good measure, and given the risk of appeal, Justice Macintosh went on to give his reasons denying Burnaby's application and for supporting the NEB's reasoning in its Ruling No. 40 concluding (at para 80) that «under both... paramountcy and interjurisdictional immunity... Burnaby is precluded from seeking to apply its bylaws so as to impede or block any steps Trans Mountain must take in order to safely prepare and locate the Expansion Project.»

The fears about standing and about funding of religious organizations are important questions of law, but both were satisfactorily resolved under the Supreme Court's traditional standing rules and there is no reason to think RFRA would reopen the issue.

He had good reason to count on the gratitude of the community because he was an early convert to Islam who had contributed of his fortune to the needs of the community, he had married successively two of the daughters of the Prophet, under his rule the domain of Islam had been further extended, and he had established the authorized, written version of the Qur» an.

Of course, the Democrats in the Senate have every right, under the Senate's rules, to oppose him — for any reason.

Under FIFA rules players under the age of 18 can only switch national federations if both of their parents move country for reasons unrelated to footUnder FIFA rules players under the age of 18 can only switch national federations if both of their parents move country for reasons unrelated to footunder the age of 18 can only switch national federations if both of their parents move country for reasons unrelated to football.

For that reason, under the proposed rules, school snack foods had to fall into one of two categories: they either had to be a fruit, vegetable, dairy product, protein food, «whole - grain rich» grain product, or a «combination food» that contains at least 1⁄4 cup of fruit or vegetable; OR they had to contain 10 % of the Daily Value (DV) of naturally occurring calcium, potassium, vitamin D, or fiber.

More reason all of you should have been allowed to die in the prison after ruling the country for many years under NPN and stole all the money without caring about basic infrastructures such as jail.

Very low carbohydrates are the third reason for muscle loss.To burn fat you have to lower carbohydrates, but lowering them drastically is a mistake.A good rule of a thumb is to keep the protein intake constant and lower the calories by 300 - 500 under maintenance by lowering the carbohydrates.That's cutting about 80g - 120g carbs a day.

I want to face ten or whatever people in a row under a proper set of matches and rules and Street Fighter V, for some baffling reason, isn't interested in doing this.

Under current rules, parents have the right to withdraw their children from RE lessons and collective worship at all maintained schools, including those of a faith character, and do not have to give their reasons for doing so.

(c) As to transactions entered into after May 20, 1996, a creditor shall have no liability under this chapter for any act or practice done or omitted in conformity with any (i) regulation of the administrator, or (ii) any rule, regulation, interpretation, or approval of any applicable Alabama or federal agency or any opinion of the Attorney General, notwithstanding that after such act or omission has occurred, the regulation, rule, interpretation, opinion, or approval is amended, rescinded, or determined by judicial or other authority to be invalid for any reason; provided, however, that any interpretation or opinion issued after May 20, 1996, shall not have any effect on any litigation pending on May 20, 1996, nor shall any interpretation or opinion issued after May 20, 1996, have any effect on litigation if issued subsequent to filing of the litigation.

One of the reasons for this is that temporary shelters operate under the same rules as a restaurant and pets are just not welcome.

Ultimately, this perk is one of several reasons to considering adding this premium card to your wallet (if you qualify under the 5/24 rule, that is!).

One of the most exciting and unique things about the xenosaga series is that you can look foward to seeing different character models with each new game because appearence of the characters change with each game, not because the characters have aged but for other reasons.There is one special thing that xenosaga episode three has that should have been in the other xenosaga games is the swimsuit mode because it allows you to watch movie scenes with the characters in there swimsuits but for some reason not all of the movie scenes in xenosaga 3 can be viewed in swimsuit mode, I guess it would have made the movie less serious or something.My favorite movie scenes in xenosaga are blue testament, white testament, KOSMOS verses Black Testament, any movie with Luis Virgil becaus ehe is my favorite character in the game because he's passionate and i don't think that he is a bad guy since he was able to brek free from being a testament and the only real reasons why he became a testament was because he wanted to be able to visit that old church on miltia and to gain power to prevent death.I also love Luis Virgil and all of the movie scenes that he appear in becaus they are very dramatic.The best thing about the xenosaga series is thst the story is very dee, interesting, and shocking and anyone who has played the game in order from episode one through three will definitely say the same thing.There is no doubt that anyone who has completed episode one and two will be stunned when every secret and mystery is unraveled in episode three.The one thing that I can't seem to under stand is why do some of the characters have to travel back to the earth in the end, will shion and the gang make it back to earth or will there descendants finish the mission and find earth in the end, Chaos and Nephilim told the group that the key to saving humanity lies on earth, what I want to know is what is it and how will it be used to save the universe, Even in the end new mysteries arose and remained unraveled.If there is any one outher who has has the awnswer to any of these questions please let me know when you write you're review or else there has just got to be a xenosaga four on the way, (crying) they just can't leave the story end this way.The only thing that dissapointed me about the game at first was the battle system because on the back of the case of xenosaga three said that the best aspect of the previous battles systems from episode one were combined to form a new battle system, If namco had really done this Xenosaga episode three would have had a better battle system in my opinion because I belive that the best aspect of xenosaga episode one were the special atacks wich are better than the those of episode three and the best aspect of episode three as the break system wich was also better than those of episode three.I think that namco should have given xenosaga episode 3 the battle system of episode 2 combined episode ones style of special attack, but doing this would have probably made the battle system of xenosaga episode three boring because the same old tactics would have to be used in a new game and the battle system most likely would not be as realistic as it is but it would probably be cooler.However the ability to summon all four Erde Kaisers including the new Erde Kasier Sgma my most favorite summon in the world at will and use new Ether and Tech attacks along with the new Counter and Revenge abilities gave xenosaaga episode three more than boost that it needed to have an descent battle systemThe E.S battle system of xenosaga episode 3 is way more better than those of episod one and two though, I must say that Namco really outdid themselves with the E.S battle system of xenosaga episode because the other E.S battle system from the two previos games weren't good, luckily they made up for it with the character battle system.In episode one I never really wanted to use anA.G.W.S, lucky for me they were optional but in episode two sadly it is manatory that you pilot an E.S to progress in the game in Episode three you piloting an E.S is also mandatory to progress in the game but the difference between the three episode is that will be sorry in episode three you will ge glad that you are using an E.S because their battle system is extremely cool.Xenosaga is most definitely one of the besrt RPG games in the world andit is far more better than any final fantasy game that Square Enix has ever made but for some reason it still score lower than Some Final Fantasy and other Sqare Enix games on this site.I bet that if xenosaga was actually named Final Fantasy and had a subtitle it and if it wre made by sqare Enix it would have probably been more famous and it would have scored higher even though it is still the same gameIn the end with every thing being written said and done all i can say is that I feel more at peace now that I have defended this underated game.All I have to say now is that TURN BASED GAMES RULE!

13.4 If the the World Photography Organisation is in breach of any of its obligations under these Terms and Conditions or the Rules or under statute or common law, Your rights and remedies will be limited to the right (if any) to recover damages in an action at law and in no circumstances will You be entitled by reason of any such breach to enjoin or restrain the distribution, exhibition, broadcasting, advertising or exploitation of any photographs or any Entry

«In the circular reasoning that has become common in oilsands decision - making,» wrote the Pembina Institute's Director of Oil Sands Jennifer Grant, «the Panel based its recommendation that the project be approved on the assumption that the rules would be strengthened, rather than on the likely impacts of the project under existing regulations.»

Regardless of whether there was a valid reason from the blog policy for removing Fan's post, Fan's point is that other posts that break the rules such as the ones you write under the names «Latimer Alder» and «Stirling English» are allowed through because «WUWT / Watts enforces their policies selectively».

The rules under which the entropy minimizing or maximizing inferences are selected are the principles of reasoning for the probabilistic logic.

The report was criticized for a number of reasons including being served beyond the timelines required under the Rules of Court.

[38] For these reasons, the plaintiff's action will be dismissed under Rule 22 - 7 for want of prosecution, failure to comply with the Civil Rules, and failure to comply with the Order of this Court dated August 11, 2011.

In doing so the Court provided the following useful reasons addressing the scope of «sufficient reasons «under Rule 14 - 1 (10) of the Civil Rules:

NSPI, however, asserted that the treaty allowed it to bring the arbitration directly under UNCITRAL rules and contended, in addition, that the Additional Facility was not available due to various reasons including the screening process set forth in the rules of that facility.

These rules exist for a reason: driving while fatigued has the same effects as driving under the influence of drugs and alcohol.

Under the new rule, distributions of securities to non-Canadians can be completed on a prospectus exempt basis if certain black and white conditions apply, specifically if the offering is qualified in the United States or another specified foreign jurisdiction, if the distribution is part of an offering concurrently qualified by prospectus in Ontario or if the distribution is being made to a non-Canadian (or, if through an impersonal stock exchange, if the issuer / seller has no reason to believe that the purchaser is Canadian) and there are restrictions on resale.

Lord Justice Dyson ruled that the fact that there may be cases where incompetence on the part of the CSA causes loss which can not be recovered under the statutory scheme is not a «sufficient reason» to impose a duty of care.

«For all these reasons, and to prevent future prime ministers from call unfair snap elections, Democracy Watch has applied to the Federal Court for a ruling that Prime Minister Harper's calling of the federal election in September 2008 was a violation of the fixed election date law and Canadians» rights under the Charter,» said Conacher.

For this reason the judgement does not go far in addressing the substance of such applications under the new Civil Rules.

In our efforts to control escalating claims costs for administrative dismissals (more than $ 10 million in the last four years), LawPRO has circulated repeated warnings and resources about the risk of having a claim dismissed for delay or by reason of abandonment under Rule 48 of the Rules of Civil Procedure.

If it formulated its ruling in such a way as to highlight the exceptionality of the circumstances that would force Member States to apply Article 25 (1) of the Visa Code to issue LTVs despite the fact that there might be reasons to refuse a visa according to Article 32 of the Visa Code, the EU would honor its obligations under international and European refugee and human rights law, without endangering the functioning of the CEAS.

In addition to the requirements under Rule 15.04, lawyers should include in an affidavit evidence of the status of the action (e.g., have discoveries taken place, has the action been set down, are there upcoming motions) and the reason for removal.

Under this rule, if an owner knows or has reason to know that children will be on his property, he has the duty to protect them from injury by either fixing the harmful condition or ensuring that the children will not have access to that part of the property.

If therefore the student in our laws hath formed both his sentiments and style, by perusal and imitation of the purest classical writers, among whom the historians and orators will best deserve his regard; if he can reason with precision, and separate argument from fallacy, by the clear simple rules of pure unsophisticated logic; if he can fix his attention, and steadily pursue truth through any the most intricate deduction, by the use of mathematical demonstrations; if he has enlarged his conceptions of nature and art, by a view of the several branches of genuine, experimental, philosophy; if he has impressed on his mind the sound maxims of the law of nature, the best and most authentic foundation of human laws; if, lastly, he has contemplated those maxims reduced to a practical system in the laws of imperial Rome; if he has done this, or any part of it, (though all may be easily done under as able instructors as ever graced any feats of learning) a student thus qualified may enter upon the study of the law with incredible advantage and reputation.

Two sets of reasons for judgement were recently brought to my attention from the BC Supreme Court, Campbell River Registry, discussing when a previous Part 7 Exam will prevent ICBC from obtaining a new expert under the Rules of Court.

Thus, the result of these reasons would be the same if this case had arisen under the new Rules.

Rule 57 (10) states that «A plaintiff who recovers a sum within the jurisdiction of the Provincial Court under the Small Claims Act is not entitled to costs, other than disbursements, unless the court finds that there was sufficient reason for bringing the proceeding in the Supreme Court and so orders.»

The court reasoned that while the rule under consideration in the Ontario case of Hryniak permits the weighing of evidence (Rule 20.04 [2.1]-RRB-, Alberta's summary judgment procedure under Rule 7.3 does not permit such weighing of evidence by the corule under consideration in the Ontario case of Hryniak permits the weighing of evidence (Rule 20.04 [2.1]-RRB-, Alberta's summary judgment procedure under Rule 7.3 does not permit such weighing of evidence by the coRule 20.04 [2.1]-RRB-, Alberta's summary judgment procedure under Rule 7.3 does not permit such weighing of evidence by the coRule 7.3 does not permit such weighing of evidence by the court.

Though I greatly enjoy doing mediation work, there's a reason I haven't tried to make mediation a significant part of my legal practice: South Carolina's Alternative Dispute Resolution Rules under compensate court - appointed mediators.

Reasons for judgement were released today by the BC Supreme Court, Victoria Registry, interpreting two topics under the New BC Supreme Court Civil Rules, the test of «proportionality» and the circumstances permitting a Court to sever liability (the issue of fault) from quantum (the value of a personal injury claim).

A. 20 In effect, this means that whilst decisions of the DSB create an obligation on the part of the losing party to comply with WTO rules, enforcement can be achieved by various means — including amicable settlement, compensation, or the suspension of trade concessions.101 Indeed, it was for this reason that the CJEU found in the case of Portugal v Council that a DSB decision did not oblige the losing party to achieve full implementation of its recommendations, where the possibility of temporary compensation or retaliatory measures remained available.102 In other words, the outcome was prescribed, but not the means.103 This contrasts with the position under EU law, where there is a right to an effective remedy from a judicial body.

The question is: do the documents in dispute, ie, MSP and Pharmanet, come withing the terms of either Rule 7 - 1 (1)(a), ie, documents that can be used by a party of record to prove or disprove a material fact or that will be referred to at trial or, if not, do they come under category 7 - 1 (11), generally, in the vernacular, referred to as the Guano documents... There is no question that there is a higher duty on a party requesting documents under the second category... that in addition to requesting, they must explain and satisfy either the party being demanded or the court, if an order is sought, with an explanation «with reasonable specificity that indicates the reason why such additional documents or classes of documents should be disclosed», and again, there is no doubt that the new Rules have limited the obligation for production in the first instance to the first category that I have described and has reduced or lessened the obligation for production in general...