No-Poach Agreements Versus Antitrust Law

April 19, 2019
Philadelphia Bar Reporter

Types : Bylined Articles

For those who may not be familiar with no-poach agreements, they have historically been agreements between two or more companies not to compete for each other’s employees, such as by not soliciting or hiring them. No-poach agreements are considered “naked” if they are not reasonably necessary to any separate, legitimate business collaboration between the employers. The Department of Justice views naked no-poach and wage-fixing agreements as per se unlawful because they eliminate competition in the same irredeemable way as agreements to fix product prices or allocate customers.


To view the full article in the April issue of the Philadelphia Bar Reporter, please click hereThe article can be found on page 10 and then continued on page 16.