The German Federal Court of Justice rules on ancillary non-compete obligations

In a recently published judgment of 10 December 2008, the German Federal Court of Justice (the “Federal Court”) assessed the validity of a non-compete obligation in the context of a subcontracting agreement under German competition law and German civil law. In essence, the Federal Court held that a non-compete obligation in a subcontracting agreement will not violate the German provision equivalent to Article 81(1) EC if it amounts to an

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  • Van Bael & Bellis (Brussels)

Quotation

Andrzej Kmiecik, The German Federal Court of Justice rules on ancillary non-compete obligations, 10 December 2008, e-Competitions Bulletin December 2008, Art. N° 43762

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