Non-competition clause not covered by the Employment Clauses Act

In a new judgement, the Danish Supreme Court has considered if a non-competition clause between two shareholders had lapsed. The non-competition clause had first been included in a shareholders’ agreement, between the employee and the company. However, it was then moved to a settlement agreement which the employee had concluded with another shareholder. Pursuant to the Danish Supreme Court, the non-competition clause had not lapsed, already because it had not been concluded between the parties as part of the employment with the company.