In June of 2022, McDonald’s obtained a judgment on the pleadings, ending antitrust litigation challenging the legality of the no-hire restraints it previously included in its franchise agreements. More than a year later, the...more
10/4/2023
/ Antitrust Litigation ,
Antitrust Provisions ,
Class Action ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Fast-Food Industry ,
Former Employee ,
Franchise Agreements ,
Hiring & Firing ,
Judgment on the Pleadings ,
McDonalds ,
No-Hire/No-Solicitation Agreements ,
No-Poaching ,
Restrictive Covenants ,
Sherman Act ,
Statutory Violations
The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. In perhaps the DOJ’s...more
On April 3, the Department of Justice's Antitrust Division (DOJ) filed a complaint against and settlement with Activision Blizzard, Inc. (Activision), alleging the company violated Section 1 of the Sherman Act....more
4/10/2023
/ Activision ,
Antitrust Division ,
Antitrust Provisions ,
Antitrust Violations ,
Contract Drafting ,
Department of Justice (DOJ) ,
Enforcement Actions ,
eSports ,
Final Judgment ,
Salary Caps ,
Sherman Act ,
Tax Liability ,
Video Games ,
Wage Withholding
The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. Having finally secured a...more
Almost two years after indicting Ryan Hee for allegedly conspiring to allocate staffing and fix the wages of nurses, in violation of Section 1 of the Sherman Act (15 U.S.C. § 1), the government and Mr. Hee have entered into a...more
The Biden administration’s Department of Justice (DOJ) Antitrust Division recently secured its first criminal conviction for a labor-side violation of Section 1 of the Sherman Act after VDA OC LLC (VDA) entered a guilty plea....more
Antitrust in labor markets remains a “hot topic” for government, business, and labor. The antitrust enforcement agencies, consistent with the Biden administration’s “Executive Order on Promoting Competition in the American...more
The Biden administration's Department of Justice, Antitrust Division (DOJ) continues a practice largely begun under the Trump administration of intervening in private litigation and requesting permission to file statements of...more
Many recent no-poach agreement antitrust claims have risen within the franchise context, where the alleged agreement was plainly described in the operative franchise agreements. In those cases, the parties fought over what...more
Over the past five years, the Department of Justice (DOJ) and civil litigants have rigorously challenged the lawfulness of buy-side restraints of trade, including noncompetes, no-poach, and nonsolicitation agreements, under...more
Since issuing its 2016 Antitrust Guidance affirming focus on enforcement of fair competition in labor-employment buy-side markets and warning of criminal remedies for those participating in illegal no-poach agreements, the...more
Are franchisees dependent offshoots of their franchisors, or are they standalone businesses capable of independent decision-making?...more