The Higher Regional Court of Naumburg decides on the compliance of post-contractual non-compete obligations under antitrust rules (Hubarbeitsmaschinen)

The Higher Regional Court of Naumburg (“the Court”) deals in its decision of 18 July 2013 [1] inter alia with the question whether post-contractual non-compete obligations are still in compliance with antitrust rules in case their duration exceeds five years. The Court came to the conclusion that a post-contractual non-compete obligation, which has been concluded for an indefinite period, can be reduced to five years, as long as the clause as such is appropriate. Based on the reasoning of the Court it appears that the Court partly misinterpreted the rules of the Vertical Block Exemption Regulation (“Vertical BER”) [2]. The following comment analyses the ruling of the Court. The plaintiff’s additional claims (e.g. the entitlement for payment and the entitlement for information), which are

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  • Commeo (Frankfurt)

Quotation

Isabel Oest, The Higher Regional Court of Naumburg decides on the compliance of post-contractual non-compete obligations under antitrust rules (Hubarbeitsmaschinen), 18 July 2013, e-Competitions July 2013, Art. N° 64210

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