Concurrence Déloyale

In Mauritius, the general proposition is that competition is free unless regulated by the law. This invariably entails the obvious proposition that it is perfectly acceptable for a business economic activity to adversely affect a competitor. However, it is permissible for employers to protect themselves and their interests against any forms of unfair competition from their ex-employees. This is done through a restrictive covenant, usually a specific clause in the contract of employment, that will regulate the employee's conduct post termination.

LEADING CASE LAW

The landmark case on "concurrence déloyale" is L'Acropole Ltd. v Gerbe D'or Ltd 1982 MR 153 where the main issue was whether a former employee of a bakery (L'Acropole) could, after resigning from the latter, open and operate a pastry factory almost next door. The Supreme Court refused to grant an injunction preventing the respondents from operating their new business and held that the freedom of the