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ARTICLE · 05 FEBRUARY 2024

The Intersection Of Contract And Antitrust Laws: A Look At Non-Solicit Agreements

The intricate relationship between labour markets and antitrust law has become a topic of growing significance in recent years.

IndiaAntitrust/Competition Law

How Non-Solicit Agreements Impact the Economy

The intricate relationship between labour markets and antitrust law has become a topic of growing significance in recent years. As businesses all over the world seek to safeguard their proprietary information and maintain a competitive edge, especially in the technology and healthcare sectors, they have increasingly resorted to non-solicitation agreements with competitors. Since some well-established players in the information technology sector have reportedly accused a competitor of "unethical solicitation", non-solicit agreements have become a topic of serious discussion in India as well.

In India, such arrangements have typically been seen in connection with contracts with vendors/service providers or during the setting up of joint ventures, and have historically been examined largely from an Indian contract law perspective. However, with greater awareness and enforcement, the issues raised by such agreements under

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