News & Analysis as of September 19, 2024

Non-Compete Agreements › Australia

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Non-Compete Agreements are contracts, typically formed in employment or business purchase contexts, where one party agrees to refrain from engaging in a particular line of work or pursuing business within a certain industry or locale. The purpose of these agreements is to protect employers or business purchasers from competition stemming from former employees or former owners of a business. less -

Why the negative impact of non-competes is overstated (Part 2)

Seyfarth Shaw LLP on 8/23/2024

As we discussed in our previous blog on non-competes (as well as other types of restraint of trade), the move to add regulation has been gaining momentum since Federal Treasurer Jim Chalmers announced in August 2023 a...more

Why the negative impact of non-competes is overstated

Seyfarth Shaw LLP on 8/20/2024

It seems like death by a thousand cuts. In August last year, Federal Treasurer Jim Chalmers announced a Competition Review to examine competition laws, policies and institutions to focus on reforms that would increase...more

Antitrust in focus - April 2024

A&O Shearman on 7/1/2024

Spotlight on below-threshold merger reviews: doubts over European Commission’s powers while in depth probes launched in Italy - Last month, we reported on the landmark Advocate General (AG) opinion in Illumina/GRAIL. The AG...more

How will the potential ban of employment restraints affect Australian employers?

Seyfarth Shaw LLP on 11/14/2023

Many Australian businesses use contractual restraints of trade to protect confidential information and customer relationships. In this update we answer frequently asked questions about the future of restraints of trade in...more

Will we win? The odds of success in restraint of trade cases

Seyfarth Shaw LLP on 10/16/2019

When an ex-employee goes to a competitor or starts poaching clients or staff, employers often look to a restraint of trade clause to protect key business assets such as client relationships or company confidential...more

The Post-Employment Restraint As A Business Asset

Seyfarth Shaw LLP on 10/4/2018

This is the case now more than ever given that the Supreme Court of Victoria’s decision in Just Group Limited v Peck [2016] VSC 614 (later affirmed on appeal) has arguably raised the bar for correctly drafting an effective...more

Prescribing the “minimum effective dose”

Seyfarth Shaw LLP on 10/21/2016

Drafting and enforcing post-employment restraints has a lot in common with good medicine. It is necessary to prescribe only the “minimum effective dose” – the amount necessary to produce the desired outcome with minimum...more

Restraint Payments in Australia – Compliance Issues

Seyfarth Shaw LLP on 12/29/2015

In the latest of our series of post-employment protection blog posts, we consider the compliance and regulatory issues that need to be thought through when drafting an effective post-employment restraint in Australia....more

Drafting and Litigating Post-Employment Restrictive Covenants in Australia – Tailoring Your Restraint to Ensure the Right Fit

Seyfarth Shaw LLP on 12/23/2015

We will now look at the different types of post-employment restrictive covenants, and work through a checklist of questions employers should ask themselves when drafting a restraint to make sure it’s the right fit....more

Australia Non-Compete Update: the Difference Between Winning and Losing Restraint Litigation is Often Good Housekeeping

Seyfarth Shaw LLP on 12/14/2015

An enforceable restraint of trade can be a key business asset. Or some might think about it as an insurance policy. The capacity to preserve customer connections, protect confidential information and discourage key executives...more

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Non-Compete Agreements › Australia

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