A non-compete obligation which is imposed on the seller in the context of a M&A transaction can be permissible when it is ancillary to the transfer of the relevant business, that is, when it is directly related and necessary to the implementation of the deal. In order to enjoy the fruits of the purchase of the transferred business, the buyer … Continue Reading
Christopher Thomas
Non-compete clauses in M&A transactions: the EU Telefónica/Portugal Telecom judgments and some best practices
European Commission questions Telefónica Deutschland / E-Plus merger
According to the news service mlex, on 27 February 2014 the European Commission adopted a formal Statement of Objections against the Spanish operator Telefónica’s plan to buy E-plus of Germany, laying out concerns that deal could harm competition and lead to price increases. The contents of the Statement of Objections are not yet publicly available, and EC spokesman Antoine … Continue Reading