By Steven J.J. Weisman
BOSTON — It is nothing new for some business people to have a dim view of competition. The legendary John D. Rockefeller, founder of the oil company monopoly, Standard Oil said “Competition is a sin.” The federal government disagreed and Standard Oil was broken up under the Sherman Anti-Trust Act in 1911 following a landmark Supreme Court decision.
When it comes to radio talk show hosts, being able to compete by leaving one employer and going to another employer is often viewed by radio station owners in a fashion similar to Rockefeller’s. To them, competition by former employees, if not sinful, should at least be considered a breach of contract. It is not unusual for a talk radio host’s contract to include a provision that limits the right of the host to work for someone else. This contract provision is commonly called a non-competition clause. Often such clauses are used to limit the right of a talk radio host from going to work for a competitor in the same city or geographical area.