Category Archives: Antitrust

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Antitrust Scrutiny of No-Poaching Agreements Continues to Pick Up Steam

poaching
To most people, “poaching” is a bad thing, connoting a mix of elephant hunting and mediocre eggs. But in labor and employment—where “poaching” means recruiting away another employer’s talent—antitrust regulators, legislators, and class action attorneys have increasingly made clear that companies should engage in poaching, or else they will face potentially serious consequences under the … Continue reading this entry

Can Hiring Away a Competitor’s Employees Be an Antitrust Problem?

poaching
A senior sales executive for your biggest competitor is looking to jump ship, and wants to join your company. Your management is thrilled.  Not only will your company gain a talented salesperson with industry knowledge and contacts, but you will also be hurting your competitor at the same time.  What a coup! However, the question … Continue reading this entry

Six Tips to Help HR Professionals Avoid Criminal Antitrust Liability Under New DOJ/FTC Guidance

Employer
On October 20, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued antitrust guidance for human resources professionals. The agencies also released a list of high-level red flags for the unwary. The DOJ and FTC’s guidance reminds HR professionals to avoid entering into agreements concerning wages, employee benefits, or terms of … Continue reading this entry