Konkurrenzverbote in Geschäftsmietverträgen

Non-compete clauses in favor of commercial tenants and landlords have so far played a minor role in jurisprudence and academia. This is despite the fact that they represent significant regulatory points in commercial lease agreements and often lead to conflicts due to many unresolved questions.

For instance, it is controversial whether there is an inherent statutory protection against competition for commercial leases, what validity limitations apply to contractual non-compete clauses, and what liability regime is applicable to them. This work comprehensively addresses these and various other contentious issues related to the creation, transfer, termination, violation, and interpretation of contractual non-compete clauses. It is demonstrated, among other things, that these clauses—unlike in German law—require a contractual agreement, may violate the Federal Court's jurisprudence against the Cartel Act and the prohibition of tying, and that Articles 340a and 340c of the Swiss Code of Obligations can be applied analogously to them.

The included sample non-compete clauses serve as valuable tools for practitioners.