Legal Question in Technology Law in Colorado

Sherman Act

Whenever pre-employment contracts have you agree NOT to develop technology in a certain area for 2 or 3 years doesn't that restraint trade in that area by restraining development in that area so shouldn't they ALL be considered a violation of the Sherman Act???

Can an individual actually sign away their rights therefore allowing business to violate these laws???

� 2 Sherman Act, 15 U.S.C. � 2

Monopolizing trade a felony; penalty

Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony, and, on conviction thereof, shall be punished by fine not exceeding $10,000,000 if a corporation, or, if any other person, $350,000, or by imprisonment not exceeding three years, or by both said punishments, in the discretion of the court.

� 1 Sherman Act, 15 U.S.C. � 1

� 3 Sherman Act, 15 U.S.C. � 3

Please NO company attorneys or corporate attorneys on this one as you could be bias. Only attorneys with the nerve to take on a company or corporation answer this one please.

THANKS


Asked on 10/17/06, 6:53 pm

1 Answer from Attorneys
David Anderson Anderson Business Law LLC

Re: Sherman Act

Clearly a restraint on trade, disfavored in the law. However, an individual contracting with a company may waive certain rights notwithstanding the Sherman Act. The key question is whether the agreement is otherwise enforceable.

I would be happy to review it. However this is billable.

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Answered on 10/17/06, 7:15 pm


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