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  3. Law: Contract(s)

Wettbewerbsverbot

English translation: anti-competition clause

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
German term or phrase:Wettbewerbsverbot(sklausel)
English translation:anti-competition clause
Entered by: Steffen Walter

08:50 Oct 16, 2002
German to English translations [PRO]
Bus/Financial - Law: Contract(s)
German term or phrase: Wettbewerbsverbot
In a corporate agreement - the meaning is `competition prohibition clause', but I wonder if there is not a slightly more elegant term used in contracts. Will just `competition clause' do it?
Mary McCusker
Local time: 20:58
anti-competition clause
Explanation:
HTH

Alison

"The decision indicates that anti-competitive employment agreements, therefore, are enforced only to the extent necessary to protect the employer from unfair competition that stems from the employee's use or disclosure of trade secrets or confidential customer lists or where the employee's services are unique. Here, defendant does not allege that Nigra will use trade secrets or confidential customer information, but relies on the uniqueness of her services to justify enforcement of the restrictive clause. However, in assessing plaintiff's likelihood of success, the Court notes that "unique services" is a very slim reed which has never actually served as the sole basis for judicial enforcement of an *anti-competition clause*"

--------------------------------------------------
Note added at 2002-10-16 08:55:01 (GMT)
--------------------------------------------------

You can\'t just say \"competition clause\" because you need to reflect the \"prohibition\" part somehow.
Selected response from:

Alison Schwitzgebel
France
Local time: 02:58
Grading comment
Many thanks, Alison, yours is the most acceptable wording for a contract.

4 KudoZ points were awarded for this answer



Summary of answers provided
4 +2anti-competition clause
Alison Schwitzgebel
4 +1ban on competition
Rebecca Holmes
4 +1restrictive clause / restraint clause
Steffen Walter
4prohibition to compete
Sabine Tietge


  

Answers


2 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5
prohibition to compete


Explanation:
Wettbewerbsverbot n
(Re) prohibition to compete
(ie, applies to commercial clerks, voluntary apprentices, personally liable partners of OHG and KG, and managing board members, §§ 60, 82 a, 112 HGB, § 88 AktG)

Sabine Tietge
Local time: 06:28
Native speaker of: Native in GermanGerman, Native in EnglishEnglish
PRO pts in category: 18
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3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
ban on competition


Explanation:
another option, this one from Hamblock/Wessels Großwörterbuch Wirtschaftsenglisch

Rebecca Holmes
United States
Local time: 20:58
Native speaker of: Native in EnglishEnglish
PRO pts in category: 4

Peer comments on this answer (and responses from the answerer)
agree  Ron Stelter
2 hrs
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3 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +2
anti-competition clause


Explanation:
HTH

Alison

"The decision indicates that anti-competitive employment agreements, therefore, are enforced only to the extent necessary to protect the employer from unfair competition that stems from the employee's use or disclosure of trade secrets or confidential customer lists or where the employee's services are unique. Here, defendant does not allege that Nigra will use trade secrets or confidential customer information, but relies on the uniqueness of her services to justify enforcement of the restrictive clause. However, in assessing plaintiff's likelihood of success, the Court notes that "unique services" is a very slim reed which has never actually served as the sole basis for judicial enforcement of an *anti-competition clause*"

--------------------------------------------------
Note added at 2002-10-16 08:55:01 (GMT)
--------------------------------------------------

You can\'t just say \"competition clause\" because you need to reflect the \"prohibition\" part somehow.


    Reference: http://www.fwrv.com/articles/artrud12.htm
Alison Schwitzgebel
France
Local time: 02:58
Works in field
Native speaker of: Native in EnglishEnglish, Native in GermanGerman
PRO pts in category: 101
Grading comment
Many thanks, Alison, yours is the most acceptable wording for a contract.

Peer comments on this answer (and responses from the answerer)
agree  Steffen Walter: Arrrgghhhh... beat me to it by a sec ;-)
2 mins
agree  Kathleen
15 hrs
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4 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
restrictive clause / restraint clause


Explanation:
...is often used in this context.

Other options:
- clause/covenant not to compete
- anti-competition clause

Steffen Walter
Germany
Local time: 02:58
Works in field
Native speaker of: Native in GermanGerman
PRO pts in category: 678

Peer comments on this answer (and responses from the answerer)
agree  AmiHH: I always go with covenant not to compete
10 hrs
  -> Thanks:)
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