//
archives

Non-Compete Antitrust

This tag is associated with 5 posts

WeWork Runs Scared, Drops Abusive Non-Competes After State AG Threat

In a turn of events that should surprise no one, the bro-ed out start-up WeWork has caught heat for abusing employee non-compete agreements. That’s right. While holding itself as new wave, disruptive, and collaborative, WeWork has simultaneously required every single one of its 7,500 employees to sign an agreement containing a non-compete provision. This includes … Continue reading

DOJ Aggressively Policing No-Poaching Agreements

In a surprising continuation of Obama-era policy, the Trump DOJ has announced that it will pursue criminal action against firms using no-poaching agreements. On January 18th, 2018, while speaking at an Antitrust Research Foundation conference, Assistant Attorney General Makan Delrahim noted that the DOJ has not backed away from previous no-poaching guidance. Instead, AAG Delrahim … Continue reading

Monopolists & Non-Compete Agreements

Let’s beat the same drum but only this time, take it a step further: Widespread Ignorance About Non-Competes & Antitrust   Certain practitioners and judges have absolutely no understanding of the antitrust principles upon which non-compete law is based.  True story:  I was in a hearing in front a federal judge who I will not … Continue reading

9th Circuit: Non-Competes Subject to Antitrust Analysis

I’ve been saying it for years:  Non-compete agreements are restraints of trade and are subject to antitrust scrutiny.  The United States Court of Appeals for the Ninth Circuit agrees. Before the court can consider whether or not there has been a breach of an agreement not to compete, it first must evaluate the propriety of … 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

Archives