The term “cláusula de não concorrência” can be translated into 3 different English terms. Click on one that matches your context.

  1. 1. covenant not to compete
  2. 2. non-competition clause
  3. 3. restrictive covenant

cláusula de não concorrência

substantivo

Full

covenant not to compete

noun

Full

non-competition clause

noun

Full

restrictive covenant

noun

Definitions of covenant not to compete

  • a promise in an agreement not to do the same type of business in a certain area for a certain period of time, particularly in agreements related to the sale of a business or employment

    "John had no employment agreement with his former employer and was not contolled by any covenant not to compete."

Definitions of non-competition clause

  • an agreement, usually between an employee and employer, or seller and buyer of a business, where the employee or seller agrees not to work for a competitor, set up a competing business or use information learned during employment for a certain period of time

    "Agreements made between BT and AT&T may bind the newly formed AT&T Wireless to a non-competition clause."

Phrase Bank for non-competition clause

  • The non-competition clause he signed stopped him from working near his previous employer for a year.

  • In court filings responding to the suit, reported by Bloomberg, McIntyre’s lawyers called the non-competition clause “overbroad.”

  • In Australia, the restricted period should not exceed 12 months. Courts may delete provisions so that the resulting non-competition clause is reasonable and enforceable, and in certain jurisdictions, such as New South Wales, the court can modify non-compete provisions to render them enforceable.

  • The signing of a non-competition clause may also be appropriate, namely in cases where employees who, due to their position, gain a certain access to the company’s trade secrets such that if they left the company to join a competitor, the employer would suffer significant or even irreparable damage.

  • Dr. Zuccarello’s lawyers argued in a court filing that under Ohio law, a physician non-competition clause is considered unreasonable when a physician’s services “are vital to the health, care and treatment of the public” such that the “demand for his medical expertise is critical” to the community.

  • In response, McIntyre’s lawyers have said that IBM is wrongly seeking to enforce an overbroad non-competition clause, Bloomberg reported.

  • Did Kirk Kerkorian ever explain why he didn’t seek a non-competition clause with Wynn?

  • … provided you sign a separation agreement acceptable to Akamai that includes, among other things, a full release, a one-year non-competition clause, a future cooperation clause and a non-disparagement clause: If the company terminates your employment during the first year of your employment for reasons other than …

  • Notwithstanding the above, in case the requirement of government or authority, who provides the official document(s) regarding the installation of the 3rd party’s screens, requests Party A to install the 3rd party screens in Party A’s Stores, this Non-Competition Clause shall not be applicable.

Additional Notes for non-competition clause

  • In British legal usage, a non-competition clause can be a form of a restrictive covenant. In the US, these terms are generally not hyphenated, eg noncompetition clause.

Definitions of restrictive covenant

  • a promise not to do something that restricts the way that a person or entity can act for a specific period of time. A restrictive covenant is usually a clause in a contract which prohibits an employee from competing with their ex-employer after the employee has parted company with the business, or prevents the ex-employee from soliciting customers of the business by using knowledge of those customers gained during their earlier employment.

    "The employment contract included a number of restrictive covenants, limiting her activities upon termination of her employment."

  • a clause in the title deed of a piece of real estate that restricts the use of land (eg a clause that states that the property may not be used for certain activities)

    "The deed contained a restrictive covenant which provided that the land could never be used for commercial purposes."

Phrase Bank for restrictive covenant

  • The court held that the restrictive covenant was enforceable (=valid).

  • By setting up a competing business, he was in breach of the restrictive covenant.

  • She could not apply for certain jobs because she had to comply with the restrictive covenant.

  • A restrictive covenant was imposed over the property.

  • The land was subject to a restrictive covenant relating to building.

Additional Notes for restrictive covenant

  • The covenantor makes the promise to the covenantee.

  • Historically, in the US restrictive covenants were used to bar the sale of land to people of certain races. Courts will no longer enforce these covenants because they violate the Constitution.

  • cf. non-compete/competition covenant, clause, contract or agreement

Discounts for lawyers and law firms

Save time and money for you and your clients with our unique knowledge base.

Learn more

Improve your Legal English skills

Try the sample and preorder our digital coursebook, the English for Law at a big discount!

Try the sample unit!
TransLegal in partnership with