Antitrust Common Law: Restrictive Covenants and Reasonableness

This article will review the ancillary restraint doctrine in Ohio. It will do so by focusing on the three settings in which restrictive covenants are commonly, and most frequently, used and from which the vast majority of the case law has emerged: (1) the sale of a business; (2) leasing; and (3) employment. As the following discussion will show, analysis of ancillary restraints should be uniform even though the subjects of restrictive covenants may differ.