The Texas and Federal Antitrust Implications of Restrictive Covenants Not to Compete in Shopping Center Leases

Reviews both federal and pre-1983 Texas case law concerning antitrust implications of restrictive covenants not to compete in shopping leases. It will also provide a framework of analysis to determine the antitrust implications of restrictive covenants not to compete in shopping center leases. The article concludes with a warning that use of such covenants should be tempered by an awareness that such a lease provision may be an unreasonable restraint of trade and therefore in violation of antitrust law.