New case law – question regarding whether the 2015 agreement on the usage of non-competition clauses in employment contracts also covers non-solicitation clauses (AD 2026 nr 23)

The 2015 agreement between the Confederation of Swedish Enterprise and the Council for Negotiation and Cooperation (PTK) on the use of non-competition clauses in employment contracts does not cover clauses prohibiting the solicitation of a former employer’s customers, regardless of how extensive or restrictive of competition they may be considered to be, and whatever their ultimate purpose may be, and despite the fact that soliciting customers for a competing business in some sense entails engaging in such business. The arbitration clause in the 2015 agreement is therefore not applicable to a dispute concerning an agreed penalty for breach of such a clause.

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