The US DoJ holds a workshop addressing labour competition issues including "no-poach" agreements between companies

A senior Department of Justice (DOJ) official recently remarked that the number of "no-poach" agreements between companies — which can include agreements not to solicit or hire a competitor's employees — in apparent contradiction of DOJ and Federal Trade Commission (FTC) guidance was "shocking" and that he was surprised at how prevalent the practice is. [1] Other senior DOJ officials have repeatedly stated over the last year that the DOJ's Antitrust Division has a number of ongoing investigations in this area, and that it plans soon to issue indictments. [2] Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, and potential parties to M&A transactions should take a fresh look at how they approach the

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Authors

  • Baker Botts (Houston)
  • Baker Botts (Houston)
  • Baker Botts (Houston)
  • Baker Botts (Dallas)
  • Baker Botts (Washington)
  • Baker Botts (Washington)

Quotation

Travis J. Wofford, James Marshall, Jeremy Moore, Samantha Hale Crispin, Thomas Fina, Stacy Turner, The US DoJ holds a workshop addressing labour competition issues including "no-poach" agreements between companies, 8 August 2019, e-Competitions August 2019, Art. N° 95022

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