Problem:
Non-competition clauses, which prohibit physicians from providing services within a specific time-frame and geographic area, are common in asset acquisition transactions. There is support in the Stark Law's regulatory preambles that such provisions are acceptable as long as there is no requirement to make referrals. Non-competes are also common in many employment agreements. How do you think that non-competes should be interpreted under the Volume or Value Standard? Do you think that non-competes are supportable in light of the Bradford decision?