USA – TEXAS Trends and Developments Contributed by: Darryl Anderson, Carlos Rainer, Geraldine Young and Abraham Chang, Norton Rose Fulbright
tion; or (c) an alleged violation of the Texas Finance Code or the Texas Business & Commerce Code brought by or on behalf of an organisation, subject to exceptions. The Texas antitrust statute, the TFEAA, is codified in Chapter 15 of the Texas Business & Commerce Code. While Texas law provides Business Court jurisdiction over Business & Commerce Code violations exceed - ing USD10 million in controversy, it also qualifies that provision. The same statute provides that, unless a claim falls within its “supplemental jurisdiction”, the Business Court does not have jurisdiction over a claim “arising out of: (A) Subchapter E, Chapter 15, and Chapter 17, Business & Commerce Code”. See Texas Government Code, Section 25A.004 (g)(2). Subchap - ter E of Chapter 15 is the portion of the Texas anti - trust act that governs covenants not to compete, so it appears that covenant-not-to-compete cases may not qualify for being brought in the Business Court; however, the vast majority of antitrust claims not relat - ed to non-compete agreements would qualify, so long as they meet the amount-in-controversy threshold. Regardless, the statutory provisions are clear that the Texas Business Court can exercise supplemental jurisdiction over antitrust claims. Only three absolute exceptions to the Business Court’s jurisdiction exist: for medical malpractice, personal injury and legal mal - practice claims.
The Texas Business Court has supplemental jurisdic - tion “over any other claim related to a case or contro - versy within the court’s jurisdiction that forms part of the same case or controversy”, but such claims “may proceed in the business court only on the agreement of all parties to the claim and a judge of the division of the court before which the action is pending”. See Texas Government Code, Section 25A.004 (f). Thus, if all parties and the Business Court judge agree, the Texas Business Court can exercise supplemen - tal jurisdiction over state antitrust claims alongside related claims within its jurisdiction. The ability of the Texas Business Court to hear anti - trust claims, plus the potential for increased overall business and antitrust litigation in Texas as a broader result of this new court, highlight the importance for businesses in or coming to Texas to stay up to date on Business Court developments and Texas antitrust law.
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