On 29 June 2020, the Hungarian Competition Authority (“GVH”) published a decision accepting the commitments of a group of companies and individuals that modified the non-compete obligations related to the acquisition of a majority stake in CodeCool, a Hungarian start-up (…) 5. Exclusive Supply – These agreements require or induce the supplier to sell a particular good or service to a buyer for a specific use or resale. Such agreements are eligible for BER treatment where the relevant market shares are less than 30%. Due to the possibility of foreclosure effects, the buyer`s market share in the downstream market is important for assessing anti-competitive effects. If market shares are above the BER threshold, these types of agreements are generally allowed where a non-dominant distributor in the EU has made significant investments (e.g. B the EU distributor assists the supplier in developing the product).  The majority of European nations have adopted distribution agreement rules that are much more restrictive and complex than those of most US states. Many nations, such as Belgium, have passed laws that nullify contrary provisions in distribution agreements, including provisions that contain the laws of other jurisdictions. The wise producer or exporter to Europe will take the time to learn about the restrictions imposed on agreements in the relevant country subject to the agreement and not expect a provision of the agreement using non-EU (European Union) law to solve the problem. The Technology Transfer Block Exemption Regulation (TTBE) is similar to BER, but it applies to the licensing of intellectual property such as patents. Many of these provisions, such as basic restrictions and market share thresholds, reflect BER.
The TTBE addresses issues of particular importance for technology licensing, such as. Β restrictions on use and self-consumption, royalties and non-compete obligations. U.S.. Department of Justice, Antitrust Division, International Documents, Links to Documents Relating to International Cartels and Antitrust Guidelines for International Agreements: After a worker violates non-compete and pays lump sum damages to the employer, the People`s Court supports such a claim if the employer requires the worker to continue to comply with anti-competitive obligations as agreed to ensure compliance with these co-competes. nditions. 4. Spare parts – Agreements shall not prevent or restrict end-users, independent repairers and service providers from sourcing directly from the manufacturer of spare parts.  An agreement between a component manufacturer and a buyer of a first-time oem “must not prevent or restrict the sale of these spare parts by the manufacturer to the final consumer, independent repairers or service providers.”  The validity requirements of competition agreements between employers and employees after the termination of an employment contract vary from country to country.
. . .