Regulations last checked for updates: Nov 22, 2024

Title 16 - Commercial Practices last revised: Nov 20, 2024
§ 910.3 - Exceptions.

(a) Bona fide sales of business. The requirements of this part shall not apply to a non-compete clause that is entered into by a person pursuant to a bona fide sale of a business entity, of the person's ownership interest in a business entity, or of all or substantially all of a business entity's operating assets.

(b) Existing causes of action. The requirements of this part do not apply where a cause of action related to a non-compete clause accrued prior to the effective date.

(c) Good faith. It is not an unfair method of competition to enforce or attempt to enforce a non-compete clause or to make representations about a non-compete clause where a person has a good-faith basis to believe that this part is inapplicable.

authority: 15 U.S.C. 45 and 46(g)
source: 89 FR 38502, May 7, 2024, unless otherwise noted.
cite as: 16 CFR 910.3