xyz3600
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Post by xyz3600 on Feb 25, 2024 5:32:31 GMT
Seeing signs that the non-compete clause signed between two companies has been breached by one of the parties, the 1st Chamber of Business Law of the Court of Justice of São Paulo dismissed the defendant company's appeal and maintained judicial intervention in order to verify compliance with the decision previously given by the judges. reproduction Facade of the Court of Justice of SP Disclosure/TJ-SP The previous decision, which was not being complied with by the defendant company, determined compliance with the non-competition clause contained in the contract signed between the parties, under penalty of a daily fine of R$200,000, limited to the value of the penal clause set out in the instrument.The defendant company appealed, but was unsuccessful in the 1st Chamber. The appeal was unanimously denied. This is because, according to the rapporteur, judge Azuma Nishi, despite the company's claim that it has been complying with the non-compete determination and that it has even suspended negotiations with customers, "there are signs of non-compliance, which is why it is strictly necessary to maintain the determination of intervention, in order to determine effective compliance". "Thus, under the support Middle East Mobile Number List of the general power to carry out the protection granted, in accordance with article 139, IV, of the Code of Civil Procedure, judicial intervention, with the exclusive purpose of verifying compliance, by the aggravating parties, with the non-compliance clause competition, is an appropriate measure, given the signs of continued competition, as explained above, as well as the conduct of the applicants themselves, who seek the annulment of the clause in a different action", he stated. In addition to identifying the means of action of a given cartel in bidding processes, it is necessary to verify possible elements that facilitate collusion between companies, such as the existence of family or corporate ties between individuals from competing companies and the presence of professional associations bringing together companies competitors. Although the booklet also includes some possible behaviors that could indicate the existence of a cartel in public bidding [6] , below we will highlight the conduct that was considered suspicious by the bidding bodies in their internal investigations, and which was reported to Cade.The creators of the invention, who also signed a transfer of rights contract with the university, however, received nothing for the invention.
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