Poaching Agreements in the Franchise Sector

Using the analysis outlined in Part II, Part III demonstrates how no- poaching agreements in the franchise sector,25 such as the one at issue in. Deslandes v ...

Franchise No-Poach Clauses Under Scrutiny - The Temple 10-Q

These “no-poach” or “anti-poaching” clauses are standard provisions that restrict franchisees from soliciting or hiring employees of the franchisor or another ...

“No-Poach” Clauses in Franchise Agreements - Shipe Dosik Law

These clauses prohibit one franchisee from hiring the employees of another system franchisee. When an employee works at a franchise, the employee develops ...

Franchise No-Poach Agreements Face Antitrust Scrutiny

“No-poach” clauses in franchise agreements are common, but have drawn recent scrutiny from antitrust enforcers and plaintiffs. Many franchise agreements contain ...

Non-solicitation Clauses and Franchise Agreements

... poach agreement in the rail industry that had already ended before October 2016. – But, DOJ occasionally says that it has ongoing criminal investigations. 14 ...

The Franchise No-Poach Liability Continuum - Secretariat Economists

No-poach provisions within franchise agreements prohibit franchisees from soliciting or employing the franchisor's or other franchisees' employees.

No-Poach Agreements & Anticompetitive Behavior

A no-poach agreement is an illegal deal between competitors where they agree not to hire, recruit, or pursue each other's employees.

No–Poaching Clauses in Franchise Contracts

We assess wages in the chain restaurant industry, which has been an important focus of antitrust action with respect to vertical NPCs. However, ...

Franchise No-Poach Agreements: Is Reform on The Horizon?

Franchise No-Poach Agreements: Is Reform on The Horizon? ... In 2016, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) ...

Theory and Evidence on Employer Collusion in the Franchise Sector

No-poaching agreements are more common for franchises in low-wage and high-turnover industries. JEL Classification: J42, J41, J63. Keywords: collusion, no- ...

Antitrust Considerations of Intra-franchise No-Poach Agreements

Krueger, Minimum Wages and Employment: A Case. Study of the Fast-Food Industry in New Jersey and Pennsylvania, 84 AM. ECON. REV. 772,. 772 (1994) ...

Theory and Evidence on Employer Collusion in the Franchise Sector

The implications of these no-poaching agreements for models of oligopsony are also discussed. No-poaching agreements are more common for ...

Franchising Versus No-Poach/Non-Compete Issues, Part 2 - Law.com

This past March, the Supreme Court allowed a proposed class action challenging McDonald's use of no-poach provisions in its franchise agreements ...

Eleventh Circuit Serves a Whopper of a Ruling on Franchisor's 'No ...

Over the last several years, business-to-business “no-hire” and “no-poach” agreements have come under legal attack, including through ...

Reappraisal of Anti-Poaching and Noncompetes in Franchising

No-poach clauses and no-solicitation clauses are post-employment restrictions against competition. In franchise agreements, these clauses ...

Fresh Off the Grill: No-Poach Agreements May Lead to Per Se ...

In addition, the court highlighted that it is no defense under the ancillary restraints doctrine if the no-poach provisions help franchise ...

no-poaching agreement - Industrial Relations Section

no-poaching agreement. Theory and Evidence on Employer Collusion in the Franchise Sector. Author. Orley Ashenfelter, Alan Krueger. Keywords. monopsony, ...

A Cross-Sectional Analysis of No-Poaching" by Catherine E. Schaefer

In October 2016, the Department of Justice Antitrust Division announced its intent to proceed criminally against parties to no-poaching agreements, ...

Industry Trends in the Law: “Anti-Poaching” Provisions

For years, franchise agreements contained a provision that prohibited one franchisee from hiring employees from other franchisees, unless all parties ...

New Evidence on Employee Noncompete, No Poach, and No Hire ...

Norlander finds that franchise agreements frequently include noncompete clauses at a substantial scale and block employee mobility.