Italian court on diversion of employees: intent to harm the competitor is needed

With decision no. 20228, issued on 4 September 2013, the Italian Supreme Court stated that the diversion of employees, in order to constitute unfair competition, requires the intent to damage the competitor’s business.

The intent to cause damage exists whenever the diversion of the employees is put in place in such a way that it cannot be justified in light of the principles of professional integrity…

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