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Re: antitrust class actions no poach agreements
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Originally Posted by Greedy,Greedy,Greedy
Since you're raising it. I've witnessed a couple of debates over whether non-competes could list barred companies or whether the inclusion of a list resulted in anti-trust issues (so if Google, in a state that enforces noncompetes, had its employees sign agreements saying they would go to work for Microsoft or Yahoo! rather than saying they wouldn't go to work for other search companies). What's the view on that one, Oh Guru!
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For a no-poach agreement, it depends on the context, and whether there's a justification for the non-compete that is reasonably ancillary to the rest of whatever agreement it is. For example, a consulting agreement that says, you can't hire the consultants we staff on your projects, is going to be OK. No-poach agreements are between companies that are otherwise competing for talent, so the agreements risk being deemed illegal price-fixing agreements between horizontal competitors, unless something redeems them. Non-competes in employment agreements are something different, vertical agreements instead of horizontal.
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Last edited by Tyrone Slothrop; 01-28-2020 at 05:14 PM..
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