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The 'No|Poach' Approach


The 'No-Poach' Approach: Antitrust Enforcement of Employment ...

This article summarizes the legal landscape and recent developments. After introducing the legal standard and the application of antitrust laws to employment ...

The 'No-Poach' Approach: Trends in Antitrust Enforcement of ...

Cooley lawyers Dee Bansal, Beatriz Mejia, Julia Brinton and Lauren Hirsch authored a chapter in Global Competition Review's Americas ...

No poach agreements: What's the big deal? | Publications - Linklaters

There has been a global shift in approach to foreign investment. Authorities are taking a far closer look at proposed What are “no poach agreements” and why ...

The 'no-poach' approach: trends in antitrust enforcement of ...

It has been over three years since the Department of Justice (DOJ) filed its first criminal antitrust indictment based on an alleged 'no-poach' ...

No-poach Agreements: Increasingly Risky - California Lawyers ...

Following decades of scarce antitrust enforcement in labor markets, the Department of Justice ("DOJ") and Federal Trade Commission ("FTC") have begun to turn ...

No-Poach Antitrust Litigation in the United States - Chicago Unbound

latter approach is wrong. B. Franchise No-Poach Agreements. A group of cases against franchise no-poach agreements was inspired by an academic ...

No-Poach Agreements Receive Their Marching Orders in the US ...

These so-called no-poaching and wage-fixing agreements, which limit employees' ability or incentives to move jobs, have been an increasing ...

No-poach agreements – Closing the enforcement gap - WilmerHale

The strategy has prompted complaints and leniency applications, contributing to closing the perceived enforcement gap regarding such practices.

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.

The State of “No-Poach” Prosecution: Is It Just Like Market Allocation ...

Courts and juries appear to recognize the need for a more nuanced approach when evaluating alleged non-solicitation agreements in the labor ...

Are DOJ's No-Poach Prosecutions Getting Poached? - Forbes

In 2016, the Antitrust Division announced that DOJ would change its approach and look to pursue criminal charges based on allegations that ...

No-poach agreements can comply with competition – when they are ...

No-poach agreements involve a form of market allocation between competitors, which harms competition in the labour market. They also can depress ...

No-Poach Agreement as Per Se Violations of the Antitrust Law

No-poach agreements originated in the Silicon Valley. They came to the forefront in 2011 when a lawsuit was filed alleging that Apple, Google, Intel, and Adobe ...

The Department of Justice's Treatment of No-Poach Agreements

In Part III, I argue that while the rule of reason approach to (most) franchise no-poach agreements is sensible, the presumption of procompetitive benefits that ...

The 'No-Poach' Approach: Antitrust Enforcement of Employment ...

"Antitrust enforcement of conduct in labor markets has continued to ramp up during the past decade, with particularly intense scrutiny on ...

United States: DOJ takes aggressive enforcement approach and ...

Despite its four losses and one voluntary dismissal in no-poach actions, the DOJ will likely continue to investigate businesses and individuals ...

Recent Trends in No-Poach Litigation

Over the past six months, courts overseeing no-poach lawsuits have coalesced around two different approaches when ruling on defendants' motions to dismiss. Most ...

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, no problem: Competition Bureau releases enforcement ...

Only reciprocal no-poach agreements are caught: The new no-poaching offence prohibits employers from agreeing not to solicit or hire “each ...

DOJ's No-Poach Strategy Dealt Another Blow As Court Tosses Case ...

In December 2021, the DOJ indicted six executives and managers from Raytheon and other aerospace firms, charging them with a conspiracy in which ...


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