Cláusulas de no competencia, validez en el ordenamiento jurídico colombiano

Abstract

The non-compete clauses, had been considered by the Colombian doctrine, as undue restrictions on competition and illegal per se, however, this trend has been changing and giving way to the application of the rule of reason and the doctrine of ancillary restraints ,This paper analyzes the possibility of negotiating non-compete clauses in business operations and the requirements they must meet within the Colombian legal system to be considered admissible, doing a study from the standpoint of constitutional law and American and European to determine their validity under private law and antitrust of Colombia.