SCORCHED EARTH: THE USE OF RESTRICTIVE COVENANTS TO STIFLE COMPETITION
Restrictive covenants running with freehold land are sometimes used as a means of impeding commercial competition. For example, when a firm elects to relocate a retail operation and sell the existing site, a covenant may be placed on the title to that site designed to prohibit a competing retail bus...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
| Published: |
University of Windsor
2012-10-01
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| Series: | The Windsor Yearbook of Access to Justice |
| Online Access: | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4370 |
| _version_ | 1797718367574949888 |
|---|---|
| author | Bruce Ziff Ken Jiang |
| author_facet | Bruce Ziff Ken Jiang |
| author_sort | Bruce Ziff |
| collection | DOAJ |
| description | Restrictive covenants running with freehold land are sometimes used as a means of impeding commercial competition. For example, when a firm elects to relocate a retail operation and sell the existing site, a covenant may be placed on the title to that site designed to prohibit a competing retail business from operating on those lands. It is known, for example, that the multinational grocery chain Safeway has adopted this practice extensively in Edmonton. Likewise, the practice is found in other Canadian and American cities, in relation not only to grocery stores, but also concerning a range of other retail businesses. Still, little is known about the extent to which covenants are used in this manner.
This article contains an empirical inquiry into the use of covenants in a commercial setting in Edmonton, Alberta. It also explores the manner in which the law responds, and should respond, to mediate public values and private interests within this context. |
| first_indexed | 2024-03-12T08:51:00Z |
| format | Article |
| id | doaj.art-7d8a97a9ae9d488297fbe849869d8901 |
| institution | Directory Open Access Journal |
| issn | 2561-5017 |
| language | English |
| last_indexed | 2024-03-12T08:51:00Z |
| publishDate | 2012-10-01 |
| publisher | University of Windsor |
| record_format | Article |
| series | The Windsor Yearbook of Access to Justice |
| spelling | doaj.art-7d8a97a9ae9d488297fbe849869d89012023-09-02T16:21:19ZengUniversity of WindsorThe Windsor Yearbook of Access to Justice2561-50172012-10-0130210.22329/wyaj.v30i2.4370SCORCHED EARTH: THE USE OF RESTRICTIVE COVENANTS TO STIFLE COMPETITIONBruce Ziff0Ken Jiang1Faculty of Law, University of AlbertaLLB, University of AlbertaRestrictive covenants running with freehold land are sometimes used as a means of impeding commercial competition. For example, when a firm elects to relocate a retail operation and sell the existing site, a covenant may be placed on the title to that site designed to prohibit a competing retail business from operating on those lands. It is known, for example, that the multinational grocery chain Safeway has adopted this practice extensively in Edmonton. Likewise, the practice is found in other Canadian and American cities, in relation not only to grocery stores, but also concerning a range of other retail businesses. Still, little is known about the extent to which covenants are used in this manner. This article contains an empirical inquiry into the use of covenants in a commercial setting in Edmonton, Alberta. It also explores the manner in which the law responds, and should respond, to mediate public values and private interests within this context.https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4370 |
| spellingShingle | Bruce Ziff Ken Jiang SCORCHED EARTH: THE USE OF RESTRICTIVE COVENANTS TO STIFLE COMPETITION The Windsor Yearbook of Access to Justice |
| title | SCORCHED EARTH: THE USE OF RESTRICTIVE COVENANTS TO STIFLE COMPETITION |
| title_full | SCORCHED EARTH: THE USE OF RESTRICTIVE COVENANTS TO STIFLE COMPETITION |
| title_fullStr | SCORCHED EARTH: THE USE OF RESTRICTIVE COVENANTS TO STIFLE COMPETITION |
| title_full_unstemmed | SCORCHED EARTH: THE USE OF RESTRICTIVE COVENANTS TO STIFLE COMPETITION |
| title_short | SCORCHED EARTH: THE USE OF RESTRICTIVE COVENANTS TO STIFLE COMPETITION |
| title_sort | scorched earth the use of restrictive covenants to stifle competition |
| url | https://wyaj.uwindsor.ca/index.php/wyaj/article/view/4370 |
| work_keys_str_mv | AT bruceziff scorchedearththeuseofrestrictivecovenantstostiflecompetition AT kenjiang scorchedearththeuseofrestrictivecovenantstostiflecompetition |