News & Analysis as of

No-Poaching

Epstein Becker & Green

Health Care Executive Sentenced to 40 Months in Prison for “Wage Fixing”

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In October 2016, the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) gave notice, through the joint release of their now-withdrawn Antitrust Guidance for Human Resource Professionals, of their...more

Goodwin

Competing for Talent: The UK CMA’s Guidance on Anti-competitive Recruitment Practices

Goodwin on

The UK’s Competition and Markets Authority (CMA) published detailed guidance on how UK competition law applies to certain human resources (HR) practices, focusing on what UK businesses “need to know when recruiting workers...more

McDermott Will & Schulte

[Webinar] Global Antitrust Update – Fall 2025 - October 8th, 11:00 am - 12:00 pm EDT

Join us for our quarterly Global Antitrust Update webinar, where we explore the latest enforcement trends shaping the global antitrust landscape. We’ll kick off with a concise roundup of recent global developments,...more

Hogan Lovells

Hiring in the hot seat – the CMA publishes new guidance on labour markets

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In recent years, competition authorities around the world have increasingly focused on labour markets. Following recent enforcement activity in the US, the EU and France (as well as in the UK), the CMA has further signalled...more

Orrick, Herrington & Sutcliffe LLP

UK Competition Authority Publishes Guidance on Competing for Talent

On 9 September 2025, the UK Competition and Markets Authority (CMA) published new guidance on how competition law applies to recruitment and HR processes, “Competing for Talent” (the Guidance). The Guidance targets HR...more

Troutman Pepper Locke

FTC Stakes Out Its Position on Worker Noncompetes

Troutman Pepper Locke on

Three nearly simultaneous actions of the Federal Trade Commission (FTC) confirmed its intentions with respect to employee noncompetes. In the first two related actions, the FTC indicated it will not defend its 2024 rule...more

Ius Laboris

When Anti-poaching Becomes Anti-competitive: Turkish Ruling Reshapes Hiring Rules

Ius Laboris on

A landmark decision by the Turkish Competition Authority confirms that no-poach agreements between organisations may violate Turkish competition law....more

Skadden, Arps, Slate, Meagher & Flom LLP

Fierce Competition Podcast | Antitrust Collusion in Labor Markets: Enforcement Trends on Both Sides of the Atlantic

Antitrust enforcement against collusion in labor markets is intensifying across the transatlantic region. In this episode of "Fierce Competition," host Bill Batchelor and partners Jim Fredricks, Aurora Luoma and Margot Sève...more

Goodwin

EU Fines Delivery Hero and Glovo €329 Million for Labour Market Cartel: Key Takeaways

Goodwin on

On 2 June 2025, the European Commission (the Commission) fined Delivery Hero and its Spanish subsidiary Glovo a combined €329 million for operating a cartel in the online food delivery sector....more

Wilson Sonsini Goodrich & Rosati

Wilson Sonsini Global Cartel Law Quarterly Q2 2025

The firm is pleased to distribute the Wilson Sonsini Global Cartel Law Quarterly Q2 2025, which provides a summary of key cartel enforcement trends across the U.S., Europe, and beyond. A “cartel” under competition law is...more

Wilson Sonsini Goodrich & Rosati

European Antitrust Bimonthly Bulletin – May/June 2025

The firm is pleased to distribute the European Antitrust Bimonthly Bulletin, which breaks down the major antitrust developments in Europe in the past two months into concise and actionable takeaways....more

Morgan Lewis

EU Competition Authorities Escalate Enforcement of No-Poach Agreements

Morgan Lewis on

The French Competition Authority recently fined several companies for no-poach agreements, following similar action by the European Commission in the online food delivery sector. These decisions mark a sharp escalation in...more

Alston & Bird

No-Poach Agreements in the Spotlight: European Competition Authorities Zooming in on Labour Market Collusion

Alston & Bird on

Our Antitrust Team summarizes the most recent focus of European Competition Authorities on restrictive practices in labor markets....more

Zelle  LLP

Burger King Employees Persist After Renewed Motion to Dismiss

Zelle LLP on

Last month, Judge Jose E. Martinez of the U.S. District Court for the Southern District of Florida denied the Burger King Defendants’ (“Burger King”) motion to dismiss a putative class action alleging that its “No-Hire”...more

Baker Botts L.L.P.

Labour markets: a first in France for standalone no-poach enforcement

Baker Botts L.L.P. on

On 11 June 2025, the French Competition Authority (‘FCA’) fined three companies active in the engineering, technology consulting, and IT services sectors, Alten, Bertrandt, and Expleo, a total of €29.5 million for...more

Epstein Becker & Green

New Jersey Bill Would Introduce Sweeping Noncompete and No-Poach Restrictions: Strategic Implications for Employers

Epstein Becker & Green on

As anticipated, New Jersey has joined the growing list of state legislative efforts aimed at prohibiting or restricting the use of noncompetes and no-poach agreements....more

Kilpatrick

“No-poach” class actions: Fourth Circuit reinstates naval engineers’ Sherman Act claims against shipbuilders

Kilpatrick on

Takeaway: We have written about “no-poach” class actions, in which employers allegedly conspire not to recruit or hire each other’s employees with the intent of driving down wages. See Eleventh Circuit reinstates no-hire...more

Cooley LLP

No-Poach Agreements Draw 360 Million Euros in EU Antitrust Fines

Cooley LLP on

In June 2025, the European Commission (EC) and the French Competition Authority (FCA) took enforcement action against three cartels involving “no-poach” practices – agreements not to hire or solicit rivals’ employees. Five...more

McDermott Will & Schulte

Minority Stakes, Major Consequences: Lessons From the Delivery Hero/Glovo Case

On 2 June 2025, the European Commission (the Commission) announced a landmark decision, sanctioning companies for the first time over a standalone “no-poach” cartel agreement. Another key element of the decision was its focus...more

Hogan Lovells

Table for none – European Commission serves fines for Labor Market Cartel

Hogan Lovells on

On 2 June 2025, the European Commission (“Commission”) delivered a decision fining Delivery Hero and Glovo a total of EUR 329 million for participating in a cartel in the online food delivery sector. It is the first time the...more

Bilzin Sumberg

District Court Denies Burger King’s Motion to Dismiss Putative Class Action Related to No-Poaching Provisions in Franchise...

Bilzin Sumberg on

Arrington v. Burger King Worldwide, Inc., No. 1:18-cv-24128 (S.D. Fla. Oct. 5, 2018) – In October 2018, Jarvis Arrington, a former employee at a Burger King franchisee in Illinois, filed a class action complaint against...more

Baker Botts L.L.P.

Labour markets: two EC firsts in EU antitrust enforcement

Baker Botts L.L.P. on

On 2 June 2025, the European Commission fined Delivery Hero and Glovo a total of EUR 329 million for participation in a cartel in the online food delivery sector. Notably, this marks not only the first time the Commission has...more

WilmerHale

First-Ever Fine for No-Poach Agreement and Anti-Competitive Use of Minority Shareholding in a Competitor

WilmerHale on

Labor markets have increasingly drawn the attention of the European Commission (“Commission”) and national competition authorities in the EU. As early as 2021, then-Competition Commissioner Vestager listed “no-poach”...more

Jones Day

Landmark European Commission Cartel Fines on No-poaching Agreements and Minority Shareholdings

Jones Day on

European Commission ("EC") issues its first fining decision for a no-poach agreement, and also sanctions for the first time the exchange of sensitive information between a company and its competing, non-controlling minority...more

White & Case LLP

More nuanced approach to the assessment of no-poach agreements under EU competition law? AG Emiliou Opinion in the Portuguese...

White & Case LLP on

On 15 May 2025, Advocate General Emiliou issued his opinion in the Portuguese football no-poach case. The AG opinion is of particular interest given the European Commission's increased scrutiny of labour market related...more

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