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Business litigation in Ohio and nationally spans a virtual universe of possibilities, which we note on our website at the Dayton commercial law firm of Gottschlich & Portune. We represent diverse clientele in matters ranging from contract breach, shareholder/partnership disagreements and insurance claims to employment issues, construction lawsuits and many additional matters.

One vital focus area for any seasoned law firm – and certainly for ours – is the realm of unfair business competition. A key expectation of the American marketplace is that it must operate free of any business actor’s ability to reap an unfair competitive advantage through unlawful means. Federal laws and enactments in all the states, including Ohio, offer strong antitrust protections that seek to ensure a fundamentally fair playing field.

A business litigant in one ongoing matter states that the competitive turf is anything but even in the musical realm, where one entity is alleged to be illegally restraining competition.

A musical production company from Oregon recently filed a lawsuit in a California federal court alleging that a Southern California festival organization forces artists to sign contracts that unlawfully limit their ability to perform elsewhere. The filing contends that, as a result, other similar businesses cannot fairly compete, artists’ options are impermissibly limited, and the public suffers through curtailed consumer choice.

The clauses at issue state that no performing artist can play at any festival that occurs within five months of the California festival or within 1,300 miles of it.

Is that reasonable? Is its thrust narrow enough to withstand judicial scrutiny?

A number of music industry participants insist that it isn’t. They hope the court’s upcoming ruling validates their view.

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Gottschlich & Portune, LLP
201 East Sixth Street
Dayton, OH 45402

Phone: 937-802-2397
Phone: 937-802-2397
Fax: 937-824-2818
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