Seller’s non-compete obligation in mergers and acquisitions Abstract

Nº 4 / 2019 - octubre-diciembre

Seller’s non-compete obligation in mergers and acquisitions

Alex Plana Paluzie
AGM Abogados

Abstract:

This article examines the non-compete clauses in mergers and acquisitions, its legal framework and its most relevant jurisprudence, as well as the main issues regarding its validity and scope. Among other issues it also analyzes the conditions for its validity, its implications regarding the right to work and the possibility to recognize the non-compete obligation without explicit statement in the agreement.

Keywords: non-compete clause, mergers and acquisitions, right to work, ancillary restraints.