Hiring Practices Draw Antitrust Scrutiny

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The New York Law Journal column discusses antitrust scrutiny of agreements between employers about hiring and salaries, including “no poach” pacts, which the DOJ says may be prosecuted criminally from now on. Recent settlements and pronouncements leave no doubt that restraints on competition for employees could constitute serious antitrust violations, but the authorities also recognize that joint ventures and other legitimate collaborations may lawfully include limited, reasonable hiring-related restrictions. The article briefly discusses the history of antitrust treatment of hiring-related restraints.