Authorisation is sought as the proposed conduct may contain a cartel provision or may have the purpose or effect of substantially lessening competition or be an exclusionary provision
within the meaning of section 45 of the Act.
The second, lower-priced option would require assent to the exclusionary provision
. If the firm in question possessed monopoly power, then presumably the price for the first, "no exclusion" option would equal the firm's profit-maximizing, monopoly price.
In essence, the complaint alleges that Royal purchased a landlord insurance policy from Allegany covering premises that were leased by Royal to certain tenants, that the policy was in full force and effect in December 2008, that Royal presented a claim to Allegany seeking payment for water damage caused by the freezing and bursting of water pipes discovered on January 2, 2009 and that Allegany denied the claim based upon an exclusionary provision
of the policy pertaining to "vacant or unoccupied" residences.
The CAU contains an "Exclusionary Provision
" "Exclusionary Provision
" is an umbrella term.
Due to the exclusionary provision
in many states like New York, many moderate-income single households are unable to fully benefit from DCA plans.
However, a provision that is clear and unambiguous "should be enforced according to its terms whether it is a basic policy provision or an exclusionary provision
." The court observed that the provision in question in the case at bar is commonly known as a "professional services exclusion" and stated; Business Liability Exclusions.
(191) The notorious defendant's murder conviction was upheld, but there was a cost: the evisceration of the exclusionary provision
of Title III.
The Australian Competition and Consumer Commission ('ACCC') instituted proceedings against Visy, claiming that it had attempted to make a contract containing an 'exclusionary provision
' as defined in TPA s 4D, contrary to TPA ss 45(2) and 45(2)(a)(i).
Japan's child care and nursing care holiday law does not apply to part-time workers, temp staff and contract workers, although a lawyer for Hassell said the exclusionary provision
is a big issue for working women and its legality will be challenged in court for the first time.
Mezzanatto, concluding that a criminal defendant cannot waive the protection of the plea-statement Rules.(28) The appellate court considered the exclusionary provision
to be absolute, with only two explicitly proscribed exceptions.(29) In addition, the Ninth Circuit distinguished the pleastatement Rules from rights and protections more personal in nature, and concluded that because the exclusionary provisions
were procedural safeguards to protect the whole system of plea-bargaining, they were beyond the control of individual defendants and prosecutors.(30)
Although CORE was not alone among liberal organizations in having such a relationship and Farmer's firm anticommunism went back as far as 1944, when he had argued successfully for an exclusionary provision
in CORE's constitution, he nevertheless offers no reflections on this association beyond noting that he fired at least one staffer about whom DeLoach briefed him.
2014) eliminated the deferral of gain on the sale or exchange of a principal residence and provided a new exclusionary provision
for such gains in IRC section 121.