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Quebec Court of Appeal overrules March injunction prohibiting the taking of staff with 'non compete' clauses

THQ triumphs in Ubisoft poaching case

THQ has won its court battle against Ubisoft allowing it to solicit and hire staff from the French publisher.

The ruling overturns an injunction from the Superior Court of Quebec made in March that prohibited THQ approaching staff at Ubisoft, as employees at the publisher had a ‘non compete clause’ in their contracts.

The court of appeal however has overturned that decision, stating the American publisher was “not bound by any non-competition restrictions and was therefore free to solicit any Ubisoft employee.”

It added that this would be allowed provided THQ’s efforts “did not amount to unfair competition”.

"The Court of Appeal’s decision is a tremendous victory for THQ Montreal and all of the creative talent working in the video game industry in Montreal,” said THQ legal exec Ed Kaufman.

“We are thrilled with the Court’s decision in this matter because we believe strongly in an individual’s freedom to choose where they want to be employed.”

He added: “We believe the Court of Appeal’s decision will promote competition, alleviate people’s fears and encourage more talented people to join Patrice and our other creative employees at our state-of-the-art studio in Montreal.”

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