We usually do not see many restraint of trade cases arising under the rubric of contracts or tort. Restraint of trade normally involves federal law under the antitrust statutes. While Pennsylvania does subscribe, as a common law obligation, to the federal antitrust laws, in the past our courts have unfortunately been dormant on the subject.

The case of Pittsburgh Logistics v. Beemac Trucking, 2021 Pa. LEXIS 1853 (April 29, 2021) (Mundy, J.), represents a marvelous departure from such prior court reluctance. The opinion addresses so-called "no poach" provisions ancillary to a services contract between business entities. The court finds that such agreements are not appropriate and are struck down as a matter of public policy.