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 here. The article can be found on page 10 and then continued on page 16.