Mealey's Antitrust/Unfair Competition - Appeals Court: Noncompete Agreement Suit Not Aimed At Protected Activity

SANTA ANA, Calif. - Two companies' cross-claims under California's unfair competition law (UCL) that a rival company used illegal noncompete agreements with its employees to unlawfully compete with its competitors are not barred by the state's law banning strategic lawsuits against public participation (anti-SLAPP statute) because the claims are based on the rival's business practices and not its litigation conduct, a state appellate panel held Aug. 8 in affirming a trial court's ruling (Pathology, Inc. v. Aviir, Inc., et al., No. G048824, Calif. App., 4th Dist., Div. 3; 2014 Cal. App. Unpub. LEXIS 5621).

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