Collaborate Away: Ninth Circuit Rules that Non-Solicitation Provisions in Collaboration Agreements Are Not Per Se Violations of Federal Antitrust Law
LexBlog IP
SEPTEMBER 15, 2021
A recent Ninth Circuit ruling in a dispute between two health care staffing agencies clarifies that non-solicitation provisions in business-to-business collaboration agreements are not per se violations of the Sherman Act. That contract contained a non-solicitation provision prohibiting Aya from soliciting AMN’s employees.
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