Facts
[A.] and [B.] founded a simple partnership in 1981 to jointly develop and manufacture deburring machines. Their collaboration resulted in the "E." machine, the drive system of which was patented. In 1984, [A.] and [B.] had a dispute and dissolved their partnership. They then concluded a settlement agreement on 13 December 1984, under which [A.] transferred all rights to the "E." machine to [B.] in exchange for the payment of CHF 23,000. In this agreement, [A.] also undertook "not to compete with [B.] in any way whatsoever in the manufacture and distribution of the 'E.' deburring machine" under penalty of a contractual penalty of CHF 10,000. In 1995, [A.] filed an action with the Commercial Court of the Canton of Zurich to be released from this non-compete obligation. The Commercial Court dismissed the claim in 1997. [A.] then appealed to the Federal Tribunal.Considerations
The Federal Tribunal dismisses A.'s appeal to the extent that it enters into the matter. It confirms the contested judgment.
Although the non-compete agreement was concluded before the entry into force of the new Cartel Act (CartA) on 1 July 1996, the latter is applicable to it as it continues to have restrictive effects on competition after that date. However, such a unilateral non-compete agreement, concluded in the…