Federal Antitrust Laws: Sherman Antitrust Act and Clayton Act must be considered to ensure exclusivity provisions don't create illegal monopolies or restraints of trade
Federal Trade Commission Act: Regulations regarding unfair competition and deceptive practices that could affect referral relationships
Federal Anti-Kickback Statute: Particularly important if the agreement involves healthcare referrals, prohibits payment for referrals in federal healthcare programs
State Antitrust Laws: State-specific regulations on competition and market concentration that may affect exclusivity arrangements
State Referral Fee Regulations: Specific state laws governing referral fees, commission structures, and payment arrangements
State Licensing Requirements: Professional licensing regulations that may affect the ability to make or receive referrals in certain industries
Industry-Specific Regulations: Sector-specific laws such as Stark Law for healthcare, RESPA for real estate, and state bar rules for legal services
Contract Law Fundamentals: Basic contract law principles including consideration, capacity, clear terms, termination provisions, and dispute resolution
Data Privacy Laws: State and federal privacy regulations governing the handling and sharing of referral data and personal information
Employment Classification Laws: Regulations governing independent contractor vs. employee classification and related non-compete provisions
