The scientific article by attorney specialist Dr. Sebastjan Kerčmar, titled ‘POST-CONTRACTUAL NON-COMPETE CLAUSE IN COMMERCIAL AGENCY CONTRACTS,’ has been published in the esteemed LeXonomica Journal of Law and Economics on June 30, 2025.

This paper deals with the legal regime governing post-contractual non-compete clauses in commercial agency contracts, analysing Slovenian legislation and its compliance with Directive 86/653/EEC. The Slovenian Obligations Code (OZ) requires the mandatory payment of compensation for compliance with a non-compete clause only in cases where the contract is terminated for reasons attributable to the principal. The author stresses that such a regime may lead to a restriction of contractual freedom without adequate compensation, which is not in line with the spirit of the Directive. Based on a review of the regimes in respect of non-compete clauses after the termination of a commercial agency contract in various European countries, including Croatia, the author finds that the regimes vary considerably between countries. The paper also focuses on the impact of non-compete clauses on indemnity, as the OZ requires such clauses to be taken into consideration in determining the amount. The author draws attention to the need for a fair balance of interests and for legislation to be revised to ensure that agents are protected against disproportionate restrictions without adequate compensation.

The article is in English and it is freely accessible at: https://journals.um.si/index.php/lexonomica/article/view/5246