A Dutch Court holds that a non-compete clause ancillary to a merger infringes Art. 81 EC without examining whether the clause falls under Art. 81.3 EC (Drespa / Actuant a. o.)

On 17 January 2007 a Court in Interlocutory Proceedings gave a judgment in the dispute between Drespa Holding B.V. (“Drespa Holding”), a manufacturer of electrotechnical products such as switches, dimmer switches and sockets, and Actuant Corporation (“Actuant”), which is also active on the market for electrotechnical products. Drespa Holding is the parent of Drespa GmbH (“Drespa”), who supplied switches and other products to Heinrich Kopp AG (“Kopp”) and Dresco B.V. (“Dresco”), which is owned by Actuant. Kopp and Dresco were subsidiaries of Drespa Holding until 30 December 2003. On that date they were sold to a subsidiary of Actuant, via a Share Purchase Agreement. This agreement contained a non-compete clause with a duration of three years. This clause prohibited Drespa Holding and its

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  • DPA Legal (Amsterdam)

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Peter Schepens, A Dutch Court holds that a non-compete clause ancillary to a merger infringes Art. 81 EC without examining whether the clause falls under Art. 81.3 EC (Drespa / Actuant a. o.), 17 January 2007, e-Competitions January 2007, Art. N° 13673

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