The purchaser of a business will often want to ensure that any
goodwill associated with the business is protected. In particular,
they will not want the seller to set up a competing business
following completion, attracting many of the business'
customers, utilising business secrets to gain an unfair advantage,
or poaching staff.
Walker Morris' Commercial Dispute Resolution specialists
Gwendoline Davies, Rebecca Jackson and Jack Heward explain some of
the ways in which UK contract and competition law can afford
protection for a purchaser/employer, and some of the risks and
issues to consider.
Stop press.Brexit impact
The Brexit transition period ended on 31 December 2020. From
and including 1 January 2021, agreements or conduct of UK companies
that have an effect within the EU from a competition perspective
will still be subject to EU competition rules. UK competition law
largely mirrors EU law and new section 60A of the Competition Act
1998 (CA 1998) 1,
means
