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



covenant not to compete



non-competition clause



restrictive covenant


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

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