How to make a non-compete clause enforceable for an employee and shareholder in a shareholders' agreement?
In practice, many executives believe they can secure a non-compete clause by including it in a shareholders' agreement or a deed of assignment, with a formula stating that "the consideration is included in the price." This is not sufficient according to the Court of Cassation (Cass. Com., November 5, 2025, n° 23-16.431).
