U.S. And E.U. Non-Competition Agreements Compared And Contrasted

With employers operating, and employees working, in the global economy, knowing whether non-competition agreements will be enforced in other jurisdictions is essential for both those seeking to enforce and those likely to be subject to enforcement action. Unfortunately, there is much variation not only in the United States itself, with different states adopting different stances on whether non-competition agreements may be enforced, but also across the European Union. This article will highlight some of those differences, both in the United States and in the European Union, and suggest how employers may prepare to meet the challenges of enforcing non-competition agreements in and across various jurisdictions. ¹