Competition

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  • Non-competition clause in transfers: business and civil clientele

    By Yasmine EDDAM
    15 June 2025
    Buying a business or taking over a professional clientele is a major investment for any entrepreneur. Over and above the premises and equipment, it is the customer base, the fruit of years of work, that constitutes the real value of the transaction. It is therefore natural to want to protect this asset against any competition from the seller. The law provides safeguards, but their effectiveness often depends on the clarity of the undertakings given. This protection, which is one of the sources of the non-competition obligation, is part of a broader legal framework that all managers need to master in order to secure their transactions. This article sets out the rules applicable to the transfer of businesses and civil clienteles. The non-competition obligation in agreements relating to a business When a business changes hands, whether through a sale, a contribution to a company or even a lease, the non-competition...
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