Competitor "No Poach Agreements" Can Lead to Criminal Prosecutions, Fines and Jail Time
Business Discussion

“No poach” agreements -- agreements between two or more competitors that neither will recruit or hire the other’s employees – have long been held to violate the antitrust laws.  The United States Justice Department and Federal Trade Commission issued guidance in 2016 making clear that such agreements are forbidden. But, some ignored the warning; they shouldn’t anymore.  Now is the time for you to consider telling your company president neighbor, the vice-president of human resources who lives down the street, your surgeon friend and anyone who might have reason to listen. Why now? The Justice Department has just announced the first criminal charges in an ongoing investigation into “employee allocation agreements,” “non-solicitation” and “no poach” agreements.

To read the complete Antitrust Alert on this topic, please click here.

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