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Antitrust

This category contains 22 posts

Non-Compete Nonsense: Louisiana Enforces Non-Competes Against Cardiologists (but not Car Dealers)

A recent case out of the Louisiana Court of Appeal reminds us that some states will enforce physician non-compete agreements, even in the absence of a clear protectable interest and even where such enforcement threatens harm to the public.  But the case does more than that: It forces us to take a hard look at … Continue reading

MDFL Dismisses Auto Repair Antitrust Claims, Eviscerates Plaintiffs’ Lawyers

In 2014, the Judicial Panel on Multidistrict Litigation consolidated a series of antitrust actions and transferred them to the United States District Court for the Middle District of Florida. The Middle District of Florida now presides over the multidistrict litigation entitled In re Auto Body Shop Antitrust Litigation, which includes cases originally filed in fifteen … Continue reading

Merger Discussions & Non-Compete Agreements: A Recent Case from the EDNY

A recent case out of the Eastern District of New York raises interesting questions about the use of non-compete agreements in connection with merger talks. Let’s take a look: Calico Cottage, Inc. is a New York company engaged in the wholesale fudge business. That’s right. Calico sells both the ingredients needed to make fudge, fudge … Continue reading

Eighth Circuit (Practically) Saves Section 1 Sherman Act Claims, Saves Antitrust as We Know It

In the past few months, we have seen a number of decisions involving non-compete issues in the grocery industry— from appellate courts, no less. That trend continues. This case comes out of the Eighth Circuit and involves some of my former colleagues from Boies, Schiller & Flexner. C&S and SuperValu are the two largest grocery … Continue reading

Prominent Florida Chef Sued for Violating Non-Compete Agreement

A recent non-compete dispute in Florida raises questions about the concept of legitimate business interests under Florida law.  Until October, prominent Florida chef Domenica Macchia ran the kitchen at a St. Petersburg restaurant called Three Birds Tavern.  After leaving Three Birds last fall, Macchia became the chef at another local restaurant called Beak’s Old Florida.  … Continue reading

Expecting Mothers Are Latest Victims of Physician Non-Compete Agreements

Recent developments in Pennsylvania provide yet another compelling example of why non-compete agreements in the healthcare sector should be void as against public policy.  In late December, five obstetricians who were affiliated with the University of Pittsburgh Medical Center (UPMC) gave notice that they intended to leave the system to go work for rival Highmark … Continue reading

FTC Enters Final Order Invaliding Non-Compete Agreements of Reno Cardiologists

Last week, the Federal Trade Commission issued a final decision approving a consent order that will invalidate the non-compete agreements of ten cardiologists who are terminating their employment with Renown Health in Reno, Nevada. The move has been expected since late this summer, when the parties reached a tentative agreement on the matter. The situation … Continue reading

DOJ Sues eBay for Non-Compete Pact

On Friday, the Department of Justice filed a lawsuit against eBay accusing the company of entering a non-compete pact with software maker Intuit.  Under the terms of the alleged secret deal, both companies agreed to refrain from recruiting or hiring each other’s employees.  According to the DOJ, both companies aggressively policed their respective workforces to … Continue reading

Zynga Adds Rival Kixeye as Defendant in Trade Secrets Case & Kixeye Countersues

The Zynga saga continues.  In October, Zynga – the company that makes popular Facebook games like FarmVille – filed a lawsuit against a former employee, Allan Patmore.  In short, Zynga alleges that Patmore left the company, took a ton of confidential information and trade secrets with him then went to work for a competitor Kixeye.  … Continue reading

Google Antitrust Scrutiny by the FTC? Nonsense.

These days, speculating about antitrust cases against major companies appears to be all the rage.  A few months back, there was a ton of chatter on the interwebs about Facebook’s potential liability for antitrust.  This morning, CNET ran a piece entitled, “What an anti-Google antitrust case by the FTC may look like.”  The key source … Continue reading

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