Non-compete clauses – Supreme Court changes longstanding position


Mag. Jakob Widner, ILO Newsletter vom 29. April 2015

For decades it was settled case law that compensating (or promising to compensate) a new hire for contractual penalties owed by the employee to his or her former competitor employer for breaching a non-compete clause amounted to anti-competitive practice, and both the former employee and new employer were liable under the Unfair Competition Act. However, the Supreme Court recently reversed this case law.


Mag. Jakob Widner

LL.M. (NYU) Partner