Antitrust Non-Compete Agreement

These complaints follow changes to the notification instructions under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (HSR Act), which now require parties to submit to antitrust authorities any non-compete agreement between the parties when notifying a reportable transaction. The problem is that many courts invoke the case law on vertical restraint in the context of manufacturers/distributors/resellers in the context of the assessment of non-compete rules for employees. These cases are totally unenforceable. In the case of the manufacturer, there is a chain or structure of which the downstream actor is always a part. In order to avoid strengthening the control of non-competition, employers should only use non-competition rules if their use could, in an appropriate manner, facilitate competitive advantages, for example. B for workers who have access to trade secrets. By the same measure, workers should avoid requiring non-compete agreements from workers who do not have access to sensitive information or to specific knowledge or skills they have learned from the employer. . . .

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