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
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.
Put simply, an Exclusionary Provision
is an agreement between competitors that results in practices such as market sharing (e.
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
In Visy, the statutory language used in TPA s 4D, to define an exclusionary provision
, required an analysis of whether the parties were 'in competition' and an assessment of the 'purpose' (61) of the agreement proposed by Visy.
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.
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.
28) The appellate court considered the exclusionary provision
to be absolute, with only two explicitly proscribed exceptions.
She advises on the application of policy language, including choice-of-law, mortgagee, sub-limit and exclusionary provisions
However, even if exclusionary provisions
apply, we saw with Hurricane Sandy that there can be overwhelming political and regulatory pressure on insurers to refrain from relying on exclusionary language at times of widespread loss.
The essay explains why antitrust courts should turn away from their current view of patent rights and, at the same time, reject these exclusionary provisions
in light of the patent regime's indigenous competition policy reflected in the eBay opinion.