No End In Sight For Litigation Of No-Poach Antitrust Claims

Law360 (December 3, 2019, 4:22 PM EST) -- This article will provide an update on the U.S. Department of Justice Antitrust Division's focus on criminal enforcement of no-poach violations as well as two decisions in key pieces of litigation in this area.

No-poaching and no-solicitation agreements are agreements between companies competing for employees to not solicit or hire the other’s employees and are per se illegal under the antitrust laws if they are not reasonably necessary to any separate, legitimate business collaboration between the employers.

Since 2016, the DOJ has indicated a focus on potential violations of antitrust law through both written and unwritten no-poach agreements, and employees of...

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