Are Agreements to Steal Trade Secrets an Antitrust Violation? Maybe, But Not Automatically.

What could be worse than a competitor misappropriating your trade secret? When a group of competitors conspire to misappropriate your trade secret! Especially in light of a recent decision from the Third Circuit, which held that agreeing to steal a trade secret is not automatically an antitrust violation, meaning it could be very expensive to litigate. The antitrust laws prohibit certain types of agreements. Certain agreements are per se illegal, meaning if the defendants enter…