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Antitrust Chronicle - No-Poach - May 2022

Antitrust Chronicle – No-Poach

Dear Readers, Competition law and policy are classically concerned with consumer welfare. In other words, lower prices, regardless of the consequences for other actors in...
The “No-Poach” Approach: Update on the Antitrust Agencies’ Enforcement of Employment Agreements By Dee Bansal, Jacqueline Grise, Beatriz Mejia & Julia Brinton

The “No-Poach” Approach: Update on the Antitrust Agencies’ Enforcement of Employment...

Antitrust enforcement of conduct in labor markets has continued to ramp up over the past decade, with particularly intense scrutiny on “no-poach” agreements —...
A new sense of unease: The rise of no-poach and wage-fixing Concerns Under EU competition law By Tilman Kuhn, Strati Sakellariou-Witt & Cristina Caroppo

A New Sense of Unease: The Rise of No-Poach and Wage-Fixing...

 A new hot topic has emerged in antitrust discussions around the world and it is here to stay: Wage-fixing and “no-poach” agreements between employers...
“Welcome to McDonald’s…May I Take Your Cashier?” — A Review of Recent Franchise No-Poach Class Action Lawsuits By Gregory Asciolla & Jonathan Crevier

“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 Sellers’ Cartels By Richard May

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 By Dan M. Forman, Esq.

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...
No-Poach and Wage-Fixing Agreements in Canada So What’s the Issue

No-Poach and Wage-Fixing Agreements in Canada – So What’s the Issue?

By Chris Margison & Robin Spillette1   Introduction The application of antitrust laws to no-poach2 and wage-fixing agreements3 is currently being debated in many jurisdictions around the...
When Competition Meets Labor

When Competition Meets Labor: The Washington Attorney General’s Initiative to Eliminate...

In January 2018, the Washington Attorney General launched an initiative to eliminate no-poach clauses in franchise agreements nationwide. These particular no-poach provisions were covenants...
The Bias Against Low-Wage Labor Markets in Merger Analysis

The Bias Against Low-Wage Labor Markets in Merger Analysis

Why are labor harms so rarely pled in antitrust cases? One factor may be the bias against low-wage labor markets in merger analysis. This...

US: Judge says McDonalds can’t see employee questionnaire

On Wednesday, July 16, US Magistrate Judge M. David Weisman said that a questionnaire a former McDonald’s USA employee filled out on her lawyers’...
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