Federal district courts around the country continue to grapple with how to analyze “no-poach” agreements — whereby two or more companies agree not to hire or recruit each other’s workers — under the antitrust laws. Beginning...more
5/2/2020
/ Antitrust Violations ,
Defense Contracts ,
Department of Justice (DOJ) ,
Discovery ,
Enforcement Actions ,
Federal Contractors ,
Franchisee ,
Franchisors ,
Hub-and-Spoke Conspiracy ,
No-Poaching ,
Per Se Rule ,
Popular ,
Restraint of Trade ,
Rule-of-Reason Analysis ,
Sherman Act ,
Standard of Review
Legal battles over the antitrust treatment of no-poach agreements continue to escalate with new district court decisions and new pronouncements from two “titans” of antitrust policy, the Department of Justice (DOJ) and the...more
6/10/2019
/ AAI ,
American Antitrust Institute ,
Antitrust Violations ,
Department of Justice (DOJ) ,
Dominos ,
Fast-Food Industry ,
Federal Trade Commission (FTC) ,
Franchisee ,
Franchisors ,
Hub-and-Spoke Conspiracy ,
Motion to Dismiss ,
No-Poaching ,
Per Se Rule ,
Quick Look Analysis ,
Rule-of-Reason Analysis ,
Sherman Act ,
Vertical Restraints
Evolving antitrust treatment of so-called “no-poach” agreements continues to offer important guidance for company counsel and human resources professionals. Over the past two years, the Department of Justice (DOJ) has...more
2/12/2019
/ Antitrust Violations ,
Corporate Counsel ,
Criminal Penalties ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Fast-Food Industry ,
Federal Trade Commission (FTC) ,
Franchisee ,
Franchises ,
Franchisors ,
Hiring & Firing ,
Horizontal Restraint ,
Hub-and-Spoke Conspiracy ,
No-Poaching ,
Pleading Standards ,
Rule-of-Reason Analysis ,
Sherman Act ,
Universities
On June 25, 2018, in Ohio v. American Express Co., the U.S. Supreme Court affirmed the decision of the U.S. Court of Appeals for the Second Circuit and held that American Express’ “anti-steering rules”...more
6/27/2018
/ American Express ,
Anti-Steering Rules ,
Anticompetitive Agreements ,
Antitrust Provisions ,
Burden of Proof ,
Credit Card Surcharges ,
Merchant Fees ,
Merchants ,
Ohio v American Express ,
Rule-of-Reason Analysis ,
SCOTUS
Fifteen months after the Antitrust Division of the Department of Justice (DOJ) announced its intention to criminally pursue no-poaching agreements — in which competitors agree not to recruit or hire each other’s employees —...more
4/25/2018
/ Anti-Competitive ,
Antitrust Violations ,
Criminal Antitrust Litigation ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Non-Compete Agreements ,
Rule-of-Reason Analysis ,
Sherman Act ,
Technology Sector
On August 13, 2015, the U.S. Federal Trade Commission (FTC) issued formal guidance on Section 5 enforcement consisting of a general statement of principles1 to guide application of its authority to challenge “unfair methods...more
8/24/2015
/ Antitrust Provisions ,
Competition ,
Federal Trade Commission (FTC) ,
FTC Act ,
Public Policy ,
Rule-of-Reason Analysis ,
Section 5 ,
Sherman Act ,
Standalone Authority ,
The Clayton Act ,
Unfair Competition