“Welcome to McDonald’s…May I Take Your Cashier?” — A Review of...
For years, franchise businesses in various industries have included “no-poach” provisions in franchise agreements that restrict employees from moving among locations within the same...
No-Poach Agreements: Purchasing Power Type, Explicit v. Tacit Collusion, and Lessons...
From near obscurity just over a decade ago, no-poach agreements are now in the crosshairs of several competition authorities worldwide, including the U.S. and...
Criminal and Civil Liability for No-Poach Agreements in the COVID Era
This article details the potential exposure to criminal and civil liability from no-poach or wage-fixing agreements between competitors under antitrust laws. The first antitrust...
Antitrust Chronicle – Supply Chains
Dear Readers,
Until recently, global supply chain issues have not typically penetrated the popular consciousness. This has changed in recent years and months. Remarkably, supply...
Antitrust and Competition Law in Global Supply Chains: Recent Developments and...
Significant supply chain disruptions have become prevalent in the context of the COVID-19 pandemic and, more recently, ongoing political conflict. These disruptions involve important...
Insights from Marketing and Supply Chain Management: Implications for Competition policy...
Many areas of competition policy and law intersect supply chain management. Describing recent developments in supply chains and supply chain management, the authors examine...
Antitrust and the Infinite, Circular Supply Chain
Supply chains are fundamental to antitrust because no firm can exclude competitors without denying them access to inputs. But this does not mean that...
Dual Distribution in the Digital Age: The European Commission Drafts New...
Dual distribution has flourished with the rise of e-commerce and is a key focus of current reforms to vertical agreement rules by the European...
Antitrust Enforcement: Leveraging Supply Chain Incentives
Antitrust regulations are meant to promote fair competition in the market, but balancing administrative and legal costs with enforcement can be difficult when multi-layered...
Tethering Vertical Merger Analysis
Antitrust practitioners are mis-applying simple vertical merger screening techniques (e.g. vertical foreclosure arithmetic, price pressure analysis) to reach flawed and internally inconsistent conclusions about...
