The Spanish Competition Authority rules that a non-compete clause of unlimited duration did not infringe either EC or national competition provisions on the basis of a "de minimis" yet unwritten rule (Hardi International)

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Spanish Competition Authority, Hardi International, Case n° 457/1999, 27 March 2000 (Spanish)

In a Decision dated March 27th, 2000, the former Spanish second-tier Competition Authority (“Tribunal de Defensa de la Competencia”, hereinafter, the “TDC” [1]) ruled that a non-compete clause ancillary to a merger of unlimited duration did not infringe either Article 81 EC or Article 1 of the Spanish Competition Act 16/1989 [2] (a provision that mirrors Article 81 EC). In January 1988, Mr. Juan Buira sold the company “Ilemo S.A”, which was engaged in the manufacture and sale of farm machinery, to the Danish company “Hardi International ”. The Contract executed between Mr. Buira and

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Aitor Montesa Lloreda, Angel Givaja Sanz, The Spanish Competition Authority rules that a non-compete clause of unlimited duration did not infringe either EC or national competition provisions on the basis of a "de minimis" yet unwritten rule (Hardi International), 27 March 2000, e-Competitions March 2000, Art. N° 15105

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