But this paper should not have been published in MS. Same message as the one in the SMJ paper. Its marginal contribution is quite low.
If another person writes a paper on non-compete agreement enforcement and capital structure, I doubt it would be published at all.
Also, I think in empirical corporate, people do know the work of Fleming, Marx etc, especially on issues related to labor mobility.This is (1) a strategic omission or (2) an innocent omission. But not plagiarism.
But it is not the same thing. You can have an inevitable disclosure case with or without a noncompete
That said the contribution does not seem huge and it makes me think I should send more papers to management science finance department