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by kube-system 781 days ago
I think you're putting the cart before the horse. First of all, basically any company with a noncompete clause is already doing significant interstate commerce. And if a company is arguing that a neighboring state is within their area of competition, they're implying the same.

And regardless, federal power to regulate commerce hinges on actual interstate commerce taking place. A contract between two entities in one state, under the laws of that one state, that merely mentions another state, isn't interstate commerce.