By Yasmine EDDAM
15 June 2025
The non-competition obligation is a central concept in business law, often seen as a necessary evil to protect the value of a business or a customer base. However, its application is far from uniform. Depending on the nature of the contract, it may be a matter of course imposed by law, or on the contrary a delicate contractual construction, the validity of which depends on meticulous drafting. Understanding where this obligation comes from is therefore the first step in mastering its implications. The aim of this article is to decipher the various sources of the non-competition obligation in the main commercial contracts. For an overall understanding of the issues, our reference guide on the non-competition obligation provides an overview. Non-competition obligation: explicit or implicit? The fundamental distinction lies in the origin of the non-competition obligation. Either it is expressly formulated in a clause, the fruit of the will of the parties, or it is...
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