Non-Competition Agreements

In Passalacqua, the appeal court held that the appellee could not have provided specialized training to the appellants because based on the appellant’s testimony; their training came from reviewing a manual, and a day of “on the job” training. Passalacqua v. Naviant, Inc., 844 So. 2d 792 (Fla. Dist. Ct. App. 2003). In this case, the appellants quit three weeks after signing the non-compete agreement and started their own business; their former employer sought injunctive relief on the basis that they had legitimate business interests to protect, one being specialized training about the customer database. Id. at 793. The court favored the appellant’s testimony showing that that the appellee’s did not provide specialized training; therefore, they ruled that the non-compete agreement could not be enforced on the appellants. Id. at 794.

competitor is able to provide, either a firm would have to be protected by a barrier that

The United States District Court for the Western District of Michigan held that Whirlpool’s non-compete provision “extends far beyond Whirlpools’s “reasonable competitive business interests.””Whirlpool Corp v. Burns, 457 F. Supp. 2d 806 (W.D. Mich. 2006) Whirlpool did not shown that its claim is enforceable, as it pertains to Burns. Id. The court reasoned this way because there was no evidence that “Burns has disclosed or is likely to disclose any information subject to the confidentiality provision.” Id. Additionally, there is no evidence that the salesman had obtained credible information that would help his employment at Electrolux. Id. Whirlpool had not shown that it faced a real threat of “irreparable harm if not granted injunction.” Id. However Burns could be substantially harmed because he would not be able to find employment using the general knowledge he gained in the past years in home appliances, potentially causing him financial burden. Id. Therefore the court found enforcement of the non-compete covenant unreasonable.

And franchisors, by design, exert indirect control over their franchisees and franchisee’s employees by way of licensing out the operation of their brand. In traditional franchise agreements, the franchisee is an independent business owner with a license to use the franchisor’s trademarks and other intellectual property as part of a royalty or fee arrangement. The ruling, which states that “setting productivity standards” is a form of indirect control, understandably has franchisors and franchise attorneys seeking shelter.

1) Patty owned Patty’s Cakes in Jacksonville, Florida. She sold her business to Fruity’s, Inc. a national pastry company. There was a non-compete agreement in the contract for the sale of her business. In the non-compete, Patty agreed not to work in any capacity in the food industry for 10 years on the entire east coast. A court would likely determine that the non-compete agreement

Employers may have the need of non-competition agreements for a number of reasons such as protection of trade secrets or goodwill. However, courts commonly rule against non-competition agreements that unreasonably limit a former employee's right to earn a living. Therefore, when made the matter of a legal argument, non-competition agreements are strictly examined in the court system. In order to be enforceable, non-competition agreements must at least fulfill three key elements. First non-competition agreements must usually be supported by valid consideration where the employee receives something of value in exchange for the promise to refrain from disclosing trade secrets and engaging in competition. Second, there needs to be a legitimate

The Australian Competition and Consumer Commission (ACCC) is an administer of the competition and Consumer Act (CCA) which is to prevent collusion among the firms and to prevent the individual firm which break the market equilibrium with their market power. Well competitive market would deliver efficiency costs, faster innovation, prevention of unduly concentrated markets, business freedom, wealth distribution, and enhancement of international competitiveness. Therefore, the ACCC is playing a crucial role in Australia, and their activities can be divided into four categories; (1) the policies for anti-competitive conduct and anti-competitive practices, (2) the mergers policy, (3) the consumer protection policy, and (4) four pillars policy.

Businesses are not only faced with competition within the industry they operate in. They also face competition from businesses in other industries.

The Organization for Economic Cooperation and Development (OECD) defines anti-competitive practices as the many ways firms restrict inter-firm competition to maintain or to increase their relative market position and profits without necessarily providing goods and services at a lower price or at a higher quality. The American Federal Trade Commission states that anti-competitive practices include activities such as price fixing, group boycotts and exclusionary exclusive dealings. These activities are generally grouped as agreements between competitors (horizontal conduct) and monopolization (single firm conduct).

Can we remove the non compete and write something into the agreement to satisfy his request to protect their software?

402 F. Supp. 2d at 1254. DoubleClick learned that the employee was working for NextAction Corporation, a direct competitor of DoubleClick. Id. The court considered the facts that she supervised approximately fifty employees, as well as she only had three levels of management above her to help determine that she was executive and management personnel, and therefore the non-compete agreement was enforceable. Id. at 1259.

No compete clauses are not pervasive in public or private industry but they often exist in situations and with people where trade secrets and other sensitive information is potentially at risk. Employers do so to protect themselves but many states and territories around the world either highly restrict them or outright ban them from even being implemented due to it ostensibly being unfair or punitive to the employee. The author of this paper is asked to focus on a fictional situation involving a non-compete clause and is asked to answer several different questions. The elements of a non-compete clause that must be present are to be explained as well as a number of related concepts including offer, acceptance, capacity and so on. The author is asked whether common law or UCC applies to non-compete agreements and what part(s) of the agreement would make the aforementioned fictitious agreement unenforceable.

High rivalry from family owned businesses, full line dairies, and large international companies. High threat due to loss of patent; product can be copied by competition and former employees

Competition being one of the major issues that often must be addressed in the business world, it is important for a firm to learn on ways to reduce the impact of the competition. Competition is definitely an important factor in helping a business

To identify an appropriate strategy for a given industry one must look into the external and internal factors influencing the company. This Schnell Air report has been conceived with a triple objective in mind: to provide the Schnell Air Board with (i) a brief and compelling synthesis of Schnell Air’s competitive market environment overview since it entered the Innsbruck – Turin route in January 1997 as compared to prior to its entry, (ii) analyse the available data to establish the extent of predatory pricing strategies being plotted by the two existing duopolies – Air Turin and Innsbruck Air and (iii) by using a Game Theoretic approach model and highlight the affect of a 4th daily service on the same route given the