Potential Antitrust Implications of Noncompete Agreements

Litigation partner Kathy Osborn and associates Anna Behrmann and Susanne Johnson and labor and employment partner David Given coauthored an article for Indiana Lawyer about the potential antitrust implications of noncompete agreements.

The article breaks down how noncompete agreements are analyzed for reasonableness under antitrust and noncompete laws, and when antitrust and noncompete laws diverge.

The authors highlight that limited instances exist in which antitrust laws may be more restrictive than state non-compete laws and that businesses with high market shares in their geographic and product markets should take special caution to ensure that their restrictive covenants do not unlawfully restrain competition. They suggest that businesses with large market shares consider involving antitrust counsel ensure that they are appropriately balancing additional competition risks that may exist.

The full article is available for Indiana Lawyer subscribers.