Note:
Mary Ella McBrearty, Antitrust Treatment of Competitive Torts: An Argument for a Rule of Per Se Legality Under the Sherman Act, 58 TEXAS L. REV. 415 (1980).
 

Abstract:
The prospect of treble damages and attorneys’ fees has motivated many private plaintiffs to sue under the Sherman Act. Some of these claims, including misappropriation of plaintiff’s trade secrets, customer lists, or employees, would be more appropriately litigated under state laws regulating unfair competition. Application of the Sherman Act to these competitive torts may be counterproductive because it may result in decreased competition, which is contrary to the fundamental purpose of the Sherman Act. This Note contends that application of antitrust law to offenses that are unfair trade practices is inappropriate.