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No-Poach Case Against HP Dismissed for Failure to Allege a Plausible Conspiracy

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

Ninth Circuit Upholds Unlimited Nonsolicitation Provision

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

Sixth Circuit Reverses Antitrust Preliminary Injunction Ordering Health Insurer to Keep Hospital in Its Network

Introduction - On August 10, the Sixth Circuit issued its opinion in St. Luke's Hospital et al. v. ProMedica Health System, Inc., reversing an unusual preliminary injunction under Section 2 of the Sherman Act that ordered...more

Pennsylvania Supreme Court Finds "No-Hire" Provision Unenforceable

The Supreme Court of Pennsylvania recently affirmed a Superior Court order in Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC et al., No. 31 WAP 2019, finding a no-hire provision between competing, sophisticated...more

FTC to Develop New Group Aimed at Antitrust and Deceptive Practices Rulemaking

While the debate continues about whether the Federal Trade Commission (FTC) has the authority to make rules governing antitrust or competition law issues, on March 25, Acting FTC Chair Rebecca Kelly Slaughter announced the...more

Recent DOJ Action in the No-Poach Arena

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

No-Poach Franchise Case Dismissed Under Single-Entity Rule

Are franchisees dependent offshoots of their franchisors, or are they standalone businesses capable of independent decision-making?...more

DOJ And FTC Warn Employers That Antitrust Laws Still Apply Amid COVID-19 Pandemic

On April 13, the Federal Trade Commission’s Bureau of Competition and the Department of Justice’s Antitrust Division (the Agencies) issued a joint statement reiterating that antitrust laws protect U.S. labor markets even...more

Rarely Invoked Price-Gouging Statutes Are Now Front and Center Due to COVID-19

Almost as soon as the COVID-19 outbreak began, public officials and media outlets raised concerns over price gouging. While price-gouging statutes and regulations are not new, they are invoked rarely because they apply only...more

Are No-Hire Provisions Now Void and Unenforceable Under Pennsylvania Law?

On January 11, an en banc panel of the Superior Court of Pennsylvania affirmed a trial court’s decision declaring that a no-hire provision in a commercial contract between two businesses was void and unenforceable under...more

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