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

Antitrust enforcement of conduct in labor markets has continued to ramp up over the past decade, with particularly intense scrutiny on “no-poach” agreements — agreements between or among employers of different companies not to recruit or solicit each other’s employees. The DOJ has committed to protect competition in labor markets, and President Biden has also signaled that competition in the labor market would be a priority for his administration. Consistent with these priorities, we hav