Discuss Anti-competition Agreement

The competition mechanism is complete in a mature market-oriented economic system, Under such a system all Market Entity are equal thus commercial secret is the magic weapon for a enterprise to win in the fierce competition. Commercial secrets are commonly represented by customer data, technological process and design drawings. Individual who holds such information is also an important carrier of the commercial secrets. The flow of talent is frequent in modern commercial society, along with the leaking of commercial secrets. Anti-competition agreement becomes a vital means of protecting commercial secrets.Employers restrict employees by signing Anti-competition agreement in order to realize the protection of business secrets and economic interests. Anti-competition agreement has two sides. On one hand, it can protect commercial secrets, eliminate unfair competition and safeguard fair and reasonable competition order; On the other hand it inevitably limits the freedom of choosing works and must be regarded very seriously.Our law is not complete when comes to this area which not only leads to uncertainty of judicial judgments but also confuses the involving parties about violation of Anti-competition agreement. In view of this, this paper focus on studying Anti-competition agreement briefly on the basis of domestic and foreign relevant theory to benefit the judicial practice.The first chapter sketch out the concept of Anti-competition agreement, analyze the value conflict and legislative choices, affirm the value of this system and then draw out significance of this research along with research methods.The second chapter start from Comparison research to analysis the basic content of foreign system, summarize the characteristics of all countries to make a reference for our country. At the same time, comb legislations in our country about Anti-competition agreement and find out legislative and judicial practice problems.In the third chapter the validity of the Anti-competition agreement is mainly discussed. By collection of academic disputes and analysis of the judicial case, this paper discuss the establishment,effectiveness, invalid and revocable of an agreement.The fourth chapter separately analyze legal responsibilities of violating Anti-competition agreement from the angels of former employee, employer and new employee.