The Stockholm District Court rules that non-compete clauses exceeding 2 years are not necessarily anti-competitive by object (Alfa Quality Moving / NFB Transport Systems / ICM Kungsholms)

Missing a moving target: Stockholm District Court rules on non-compete clauses* The Stockholm District Court has found against the Swedish Competition Authority (SCA) that a non-compete clause lasting five years did not constitute an infringement of competition rules by object, and has further been unable to identify anti-competitive effects. As a result, the Court has refused to impose the fines of around EUR 5 million that the SCA had requested. The SCA announced on the same day the judgment was published that it will appeal the decision to the Market Court. Background The case flows from two acquisitions within the Swedish removal industry, and non-compete clauses agreed by the parties in the context of these transactions. Alfa Quality Moving AB (Alfa) acquired the

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Grant McKelvey, The Stockholm District Court rules that non-compete clauses exceeding 2 years are not necessarily anti-competitive by object (Alfa Quality Moving / NFB Transport Systems / ICM Kungsholms), 16 May 2016, e-Competitions May 2016, Art. N° 81853

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