Competition Act (Cap. 50B): Primary legislation governing competition law in Singapore, particularly Section 34 which prohibits anti-competitive agreements. Must ensure non-compete provisions are reasonable and compliant.
Contracts Act (Cap. 53): Fundamental legislation governing contract formation, validity, and enforcement in Singapore, including principles of consideration and contract formation derived from English common law.
Employment Act (Cap. 91): Relevant when non-compete affects employees, covering employment transfer provisions and protection against unfair dismissal in acquisition contexts.
Restraint of Trade Doctrine: Singapore courts' position on non-compete clauses, requiring reasonableness in geographic scope, duration, and scope of restricted activities. Must protect legitimate business interests.
Companies Act (Cap. 50): Corporate law framework governing mergers and acquisitions, including directors' duties and obligations in acquisition contexts.
Industry-Specific Regulations: Sector-specific regulations that might affect the non-compete provisions, varying based on the industry involved in the acquisition.
Reasonableness Test Requirements: Legal standards for enforceability including geographic limitations, time duration, scope of restricted activities, and protection of legitimate business interests.
Public Interest Considerations: Legal requirement to ensure non-compete provisions do not excessively restrict competition or harm public interest under Singapore law.
