Missouri Court of Appeals, Western District / Apr 23, 2024
MPHLEX, LLC, Et al. vs. Sovereign International, INC., Et al.
Appellants MPHlex, LLC, Anthony Pontier, and William Hudnall appealed the circuit court's summary judgment in favor of Sovereign International, Inc., et al., on Appellants' counterclaim asserting a per se antitrust violation. The Appellants argued that a noncompete agreement, entered as part of a settlement, constituted a per se antitrust violation. The appellate court affirmed the judgment, holding that the noncompete agreement in this factual context was not a per se antitrust violation and required a rule of reason analysis, which Appellants failed to plead. Accordingly, the court denied Appellants' request for attorney's fees on appeal.