This issue, curated by our Andersen team of experts, offers in-depth analysis of the latest developments in employment laws, regulations, court rulings, and collective agreements across 19 European countries.

European Partner Spotlight: When Is a Non-Compete Too Much? Lessons from Malta’s Courts

Dr. Charlene Mifsud, Partner at Andersen in Malta, examines how Maltese courts approach non-compete and client restriction clauses in employment contracts.

While Malta lacks specific legislation on non-competes, such clauses are governed by the Civil Code under general contract law. Courts apply the principle of restraint of trade, balancing business protection with an individual’s right to work.

Key highlights include:

• Enforceability Factors
• Proportionality in Practice
• No Mandatory Compensation
• Client Restrictions vs. Non-Competes
• Recent Judicial Trends

Dr. Mifsud advises employers in Malta to tailor restrictive covenants to each role, ensuring they are reasonable, proportionate, and aligned with legitimate business interests.

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