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Can No-Poach Class Actions Beat The Rule Of Reason?

Law360 (January 30, 2019, 9:15 PM EST) -- A series of settlements between state attorneys general and fast-food chains accused of blocking franchisees from poaching each other's employees has sparked a spate of antitrust class actions, but wins for the AGs don't necessarily mean easy victories for the private plaintiffs, as there's still uncertainty over the legal standard judges will use to evaluate their claims.

The goal for current and former employees pursuing proposed class actions is treatment under the per se antitrust standard, under which a specific type of conduct is considered automatically illegal and plaintiffs need only prove the conduct occurred to win damages. The alternative is...

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