Antitrust in 60 Seconds: No-Poach Agreements

By Matthew Lane, DisCo

Wage-fixing agreements, like price-fixing agreements, are a violation of antitrust laws. This applies not only to literal wage-fixing agreements, like an agreement not to pay above minimum wage, but also to many agreements that have the effect of suppressing wages. No-poach agreements, or agreements not to approach other companies’ employees to hire, are included in this category. Enforcement of this type of activity primarily started in the 2010 high-tech employee antitrust litigation, and has since developed through enforcement in many other industries.

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