Do you or your competitor have a monopoly in a particular market? If so, your conduct or their conduct might enter Sherman Act, Section 2 territory, which we call monopolization.

If you are in Europe or other jurisdictions outside of the United States, instead of monopoly, people might label the company with extreme market power as “dominant.”

Of course, it isn’t illegal itself to be a monopolist or dominant (and monopoly is profitable). But if you utilize your monopoly power […]

Earlier this year, the Federal Trade Commission (“FTC”) voted 3 – 2 in favor of issuing a final rule (the “Rule”) prohibiting employers from entering into or enforcing essentially all non-competition agreements covering employees and individual service providers, other than non-competes entered into pursuant to a sale of a business. While the Rule permits enforcement of non-competes that are entered into before the effective date covering a limited group of senior executives, the Rule establishes […]