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Conclusion
Non-compete agreements play a key role in merger and acquisition
transactions. When a non-compete obligation is not regulated in such
transactions, the investment made becomes meaningless and no contri-
bution is made to the economy. In other words, the purpose of compe-
tition law cannot be realized.
Within this scope, it was appropriate to set forth ancillary restraints
initially in the Communiqué No. 2010/4 and then lay them out in the
Guideline, in compliance with European Union law.
Furthermore, the section of the Guideline on ancillary restraints is
but a brief summary and references to the Board decisions are very
few. In fact, pursuant to the Guideline, the transacting parties are
essentially entitled to evaluate whether non-compete agreements may
be considered as ancillary restraints or not. In this way, the Guideline
does not actually guide the transacting parties and does not facilitate
their work. In addition, some parts of the Guideline are directly taken
from the Notice of the European Union and translated badly. For this
reason, I am of the opinion that the Guideline needs to be revised once
again.
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