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Re: antitrust class actions no poach agreements
Quote:
Originally Posted by Tyrone Slothrop
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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One of my clients is involved in some anti-trust litigation and I'm starting to actually starting to find this stuff pretty interesting.
This is sad.
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