The Indian Competition Authority issues Guidance note on “non-compete” clauses

CCI Issues Guidance note on “Non-compete” clause: An Overview* Introduction “Non-compete” obligations are frequently incorporated in M & A transactions to facilitate the effective implementation of a proposed combination. Non-compete obligations enable the Acquirer to secure complete benefit from the transferred assets (including tangible, and intangible assets such as know-how and goodwill). In the case of a joint venture, non-compete obligations prevent the parent companies from competing to the detriment of the business interests of the joint venture. However, non-compete obligations can also raise potential anti-trust concerns, it being covenants that ultimately restrict or impede fair competition in the market. Mature competition law regimes usually permit the imposition of a

Access to this article is restricted to subscribers

Already Subscribed? Sign-in

Access to this article is restricted to subscribers.

Read one article for free

Sign-up to read this article for free and discover our services.

 

PDF Version

Author

  • Vaish Associates, Advocates (New Delhi)

Quotation

Man Mohan Sharma, The Indian Competition Authority issues Guidance note on “non-compete” clauses, 12 July 2017, e-Competitions Bulletin July 2017, Art. N° 87875

Visites 49

All issues

  • Latest News issue 
  • All News issues
  • Latest Special issue 
  • All Special issues