Franchise Non-Compete Agreements: Mostly Unenforceable as Written
The Relevant Legal Framework and How We Got Here Over the past several decades, courts in many jurisdictions have routinely issued injunctions in franchise non-compete cases, incorrectly treating these matters as pure breach of contract cases rather than antitrust cases. The analysis often centers on one fact: that the franchisee signed a contract. From there, franchisors will often make generic allegations about confidential information or customer goodwill, causing courts t
