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An agreement not to compete is enforceable:

a. between competitors.
b. in contracts for the sale of securities.
c. in the sale of a business.
d. in contracts for the sale of goods.

User Nati
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1 Answer

3 votes

Final answer:

Agreements not to compete are enforceable in the context of the sale of a business, where such provisions protect the buyer's investment. Conversely, such agreements between competitors or in contracts for goods or securities may be restricted by antitrust laws due to potential anticompetitive effects. Therefore correct option is C

Step-by-step explanation:

An agreement not to compete is typically seen in various business transactions, and its enforceability depends on the context and purpose of the agreement as well as its effects on competition. According to antitrust law, restrictive practices that reduce competition are generally prohibited. However, there are instances where such agreements may be permitted.

For example, these agreements can be enforceable in the sale of a business—option (c). This is often the case because when a business is sold, the seller may agree not to compete in the same industry to ensure the buyer can benefit from the value of the business they have acquired. The purpose is not to reduce competition within the market as a whole, but to allow the new owner to maintain the acquired business's customer base and goodwill.

In contrast, agreements not to compete between competitors, in contracts for the sale of goods, or in contracts for the sale of securities often have the potential to limit competition and can thus be viewed as anticompetitive and unenforceable.

User Orhan Yazar
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