Common Law Restraint of Trade Doctrine: Fundamental principle that non-compete clauses are considered a restraint of trade. Must be reasonable in scope, duration, and geographic reach, and must protect legitimate business interests.
Competition Act 1998: Key legislation governing competition law in England and Wales. Must ensure non-compete provisions don't constitute anti-competitive behavior.
Enterprise Act 2002: Additional competition legislation that may impact the enforceability and scope of non-compete agreements between businesses.
EU Retained Law: Post-Brexit competition law principles retained from EU law that continue to influence UK competition regulations and business agreements.
Unfair Contract Terms Act 1977: Legislation governing the fairness and enforceability of contract terms, including restrictions in business-to-business agreements.
Trade Secrets (Enforcement, etc.) Regulations 2018: Legislation protecting trade secrets and confidential information, which often forms part of the justification for non-compete provisions.
Companies Act 2006: Primary legislation governing company operations in the UK, including matters of corporate capacity to enter into agreements.
Partnership Act 1890: Legislation governing partnerships, relevant when non-compete agreements involve partnership entities.
Contract Law Principles: Common law principles governing contract formation, including requirements for consideration, clarity, and mutual intent.
Industry-Specific Regulations: Sector-specific regulations that may impose additional requirements or restrictions on non-compete agreements in particular industries.
