In C-E Mineral Inc. v. Carbo Ceramic Inc., Northern District ofGeorgia Judge J. Owen Forrester granted C-E Mineral Inc.’s motion for a preliminary injunction barring Carbo Ceramics Inc. from enforcing an eight-year-old non-compete provision in a supply contract to restrict C-E’s sales of rival ceramic proppants. The injunction is part of a C-E’s declaratory suit seeking a court order that the non-compete provision violates the Sherman Act, as well as Georgia and Alabama antitrust laws. In granting C-E’s injunction, the court held that although the supply agreement, on its own, was a vertical agreement, the non-compete provision is a horizontal allocation of at least the proppant market because it bars C-E, a potential competitor of Carbo, from entering the market.