What is a non-compete clause in a commercial contract under Dutch law?

Dutch term: Concurrentiebeding (handelsrecht) | Legal basis: Article 6:248 BW + specific statutes

A non-compete clause in a commercial contract under Dutch law restricts one party from competing with the other during or after the contractual relationship. Unlike employment non-competes (which are heavily regulated by article 7:653 BW), commercial non-competes between businesses are governed by freedom of contract, subject to the reasonableness standard of article 6:248 BW and EU competition law.

For commercial agents, post-contractual non-competes are specifically regulated by article 7:443 BW: they must be in writing, limited to the territory or customers entrusted to the agent, and last no more than two years. For franchise agreements, the Wet franchise limits post-contractual non-competes to one year. For distribution agreements, the EU VBER limits non-competes to five years for the block exemption to apply.

Why it matters for international businesses

Enforceability depends on the scope, duration and commercial justification. Dutch courts will uphold a proportionate non-compete but may reduce or nullify one that is excessive.