CASE COMMENTS: RESTRICTIVE PRACTICES – SALE OF SHARES – SIMILAR ACTIVITY – TRANSFEROR

Non-compete clause: The French Supreme Court approves the trial judges for condemning the transferor and the company in which he pursues an activity in violation of the non-compete clause inserted in the share transfer agreement (M. X… et PBES / MM. Y… et Z… )

*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. The inclusion of a non-competition clause in the contract for the transfer of shares may prove particularly useful. First of all, the non-competition clause makes it possible to avoid, at least in part, the debate concerning the existence of a non-competition obligation on the part of the assignor on the basis of the guarantee of the personal fact (Cass. com., 26 March 1985, No 84-10.108; Cass. com., 18 Oct. 2011, No 10-24.808 -. Comp. Cass. com. 19 March 2013, n° 12-14.407). The non-competition clause then sets out the terms and conditions for the performance of the contractual non-competition obligation, thus providing the parties with the necessary

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  • University Littoral-Cote d’Opale (Boulogne/Mer)

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Valérie Durand, Non-compete clause: The French Supreme Court approves the trial judges for condemning the transferor and the company in which he pursues an activity in violation of the non-compete clause inserted in the share transfer agreement (M. X… et PBES / MM. Y… et Z… ), 6 October 2015, Concurrences N° 1-2016, Art. N° 77413, pp. 127-129

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