Competition Act 1998: Primary UK legislation governing competition law, prohibiting anti-competitive agreements and abuse of dominant market position. Must ensure non-compete provisions don't violate these restrictions.
Enterprise Act 2002: Provides framework for UK competition law enforcement and market investigations. Relevant for ensuring non-compete agreements don't create market distortions.
Article 101 TFEU: EU legislation still relevant post-Brexit for agreements affecting EU trade. Prohibits agreements that prevent, restrict or distort competition within the EU market.
Restraint of Trade Doctrine: Common law principle requiring that restrictive covenants must be reasonable and go no further than necessary to protect legitimate business interests.
Nordenfelt Test: Common law reasonableness test from Nordenfelt v Maxim Nordenfelt [1894] establishing that restrictions must be reasonable between parties and in public interest.
Contract Formation Principles: Common law requirements for valid contract formation including offer, acceptance, consideration, and intention to create legal relations.
Contracts (Rights of Third Parties) Act 1999: Legislation governing how third parties may enforce terms of a contract, relevant for ensuring non-compete restrictions don't improperly affect third parties.
Trade Secrets Regulations 2018: UK regulations protecting against unlawful acquisition, use and disclosure of trade secrets, important for defining protected information in non-compete agreements.
European Union (Withdrawal) Act 2018: Post-Brexit legislation determining application of retained EU law in UK, affecting how competition law principles are applied.
Legitimate Business Interests Test: Legal requirement that non-compete restrictions must protect legitimate business interests and be no wider than necessary for such protection.
