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borskiyesterday at 12:43 AM1 replyview on HN

> However, non-compete enforcement against individuals have been declawed in California, where VoidZero is headquartered

Not in M&A.

https://www.freshfields.com/en/our-thinking/blogs/a-fresh-ta...


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overfeedyesterday at 5:44 AM

Thanks - I wasn't aware about the M&A carve-out, which makes sense. It reads to me like clause (c) is the most relevant:

(c) all of the ownership interest of any subsidiary, may agree with the buyer to refrain from carrying on a similar business within a specified geographic area in which the business so sold... has been carried on, so long as the buyer... carries on a like business therein.

and it prohibits competition "on a similar business". The Vite team would be blocked from competing against VoidZero, but Cloudfare isn't a similar business IMO, and they would be free to work on a private "Pronto" fork within Cloudflare (which is unlike the real-life Cloudflare/Vite scenario where they will continue public releases)

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