The work examines the antitrust legality of non-compete clauses in relation to common corporate forms. It highlights that the antitrust legality of non-compete clauses is closely linked to the duty of loyalty that arises from membership in the corporation. For the specific cooperative form of joint ventures, it is suggested that the legality of non-compete clauses can be justified under certain circumstances using the so-called group privilege. This approach establishes the antitrust legality of a non-compete clause without it simultaneously deriving from the corporate duty of loyalty.