As a growing body of academic literature asserts, noncompetes are restraints against competition, and they are harmful to both employees and the economy. As one of the major levers that the federal government has over the economy, antitrust laws can provide significant deterrence to abuse of noncompetes by employers. In…
Articles Posted in Antitrust
Legal Intelligencer: Collective David Against Corporate Goliaths: Named Plaintiffs’ Standing in Antitrust Class Actions
Antitrust claims can successfully navigate last decade’s reforms. As market concentration intensifies, especially in the technology sector, it is crucial for class counsel to adequately represent plaintiffs and bring antitrust class actions to safeguard their rights. In the January 23, 2024 edition of The Legal Intelligencer, Edward Kang wrote, “Collective…
Legal Intelligencer: An Antitrust Storm Brewing in the Walled Gardens: Dissecting the Antitrust Claims in ‘Epic v. Google’
Considering the difficulties for private plaintiffs to pursue and prevail on antitrust claims under the Sherman Act, Section 2, Epic’s win against Google carries significant consequences for platform operators’ liability under antitrust laws. In the January 2, 2024 edition of The Legal Intelligencer, Edward Kang wrote, “An Antitrust Storm Brewing…
Legal Intelligencer: What Makes a Market, a Market, Anyway? A Look at Social Media
Whether you bring a suit over a complicated product like a social media network or a simple tangible product, like an apple, a relevant product and geographic market must be defined properly to succeed. In the March 17, 2022 edition of The Legal Intelligencer, Edward T. Kang wrote “What Makes…
Legal Intelligencer: Antitrust Suits Against Google Shows Damage Inflicted on Businesses, Consumers
In the January 21, 2021 edition of The Legal Intelligencer Edward T. Kang, managing member of Kang Haggerty wrote “Antitrust Suits Against Google Shows Damage Inflicted on Businesses, Consumers.” In reading the spate of recent antitrust actions taken against all-powerful search behemoth Google, you do not have to go very…
Real Estate Buyer Beware of Bulk Sales – Or You’ll be Paying for It
What is a bulk sale clearance certificate, and how is a bulk sale clearance certificate related to a Pennsylvania real estate transaction? In Pennsylvania, a bulk sale clearance certificate must be obtained in all transactions involving the sale of fifty-one or more percent of the assets of a business, including…
The Sherman Act and its International Reach
by Jacklyn Fetbroyt, Esq. The Sherman Antitrust Act of 1890 has long stood as a benchmark in antitrust law, aimed at the prevention and dismantling of business enterprises which have knowingly set out to gain monopolistic power over a given market. While the Sherman Act… The Sherman Act The Sherman Antitrust…