Seyfarth Shaw Washington, D.C. partner Robert Bodansky had an article published in the June 27 edition of the Washington Business Journal. Robert discusses a common question from sellers of small government contractors as well as from their buyers: "I know I have a non-compete agreement, but am I really competing with the buyer of my old business if I only go after a small business set-aside contracts that they're not qualified to bid on?"
He points out that the law often is on the side of the buyer, and that the buyer may also work with a small business to get the work. It's also in a buyer's best interest to enforce a non-compete provision. Robert recommends to sellers to get consent before pursuing work.
Click here for the full article: http://www.bizjournals.com/washington/blog/fedbiz_daily/2011/06/understanding-a-non-compete-agreement.html