Articles Posted in Antitrust & Trade Regulation

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In order to renovate a former warehouse building into administrative offices, Evansville-Vanderburgh School Corporation (“School Corporation”) implemented a plan to convey the Building to the EVSC Foundation (“Foundation”), a private non-profit entity, have the Foundation contract with a contractor for the renovations, and then have the Foundation sell the Building back to the School Corporation. School Corporation officials selected this arrangement because the Foundation was not subject to public bidding laws, and therefore, the renovation could occur more quickly. Plaintiffs, several area contracting businesses paying taxes in the school district, filed an action against the School Corporation and the Foundation (together, “Defendants”) claiming that Defendants violated public bidding statutes and Indiana’s Antitrust Act. The trial court granted Defendants’ motion for summary judgment, determining that the School Corporation engaged in the transactions to circumvent the public bidding statutes but that the transactions were not unlawful. The court of appeals reversed, concluding that the project violated the Public Bidding Laws. The Supreme Court (1) affirmed the portion of the court of appeals’ opinion holding that the scheme used by Defendants violated the Public Bidding Laws; and (2) concluded that Plaintiffs' antitrust claim failed because Plaintiffs did not present evidence of an antitrust injury. View "Alva Elec., Inc. v. Evansville-Vanderburgh Sch. Corp." on Justia Law

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Stephan Odders and Gerald Kerber were former employees of Loparex, a corporation in the release liner industry. Both employees were subject to a one-year noncompetition agreement upon termination of employment. After ceasing employment at Loparex, both employees began employment with MPI Release Technologies, a competitor in the release liner industry. Loparex sued Kerber and Odders (Defendants) in the U.S. district court, seeking injunctive relief under the Illinois Trade Secrets Act and damages resulting from Defendants' breach of the noncompetition agreement. Defendants filed amended answers and counterclaims accusing Loparex of blacklisting in violation of Indiana law. The Supreme Court accepted certification to answer questions of state law and held (1) Wabash Railroad Co. v. Young, which held that Indiana's Blacklisting Statute did not provide a cause of action to individuals who voluntarily leave their employment, is no longer good law and individuals who voluntarily leave employment are not barred from making a claim under the Blacklisting Statute; (2) attorney fees are not an element of compensatory damages under the Blacklisting Statute; and (3) an employer's suit against a former employee to protect trade secrets is not a basis for recovery under the Blacklisting Statute. View "Loparex, LLC v. MPI Release Techs., LLC" on Justia Law