“Naked” labor-market restraints that are not ancillary to collaborations or joint ventures between horizontal competitors are considered per se illegal. However, there is a growing debate over the appropriate treatment of labor-market restraints between parties with vertical relationships, such as no-poach clauses in franchise agreements and non-compete agreements between employers and employees. This article examines the nature of these vertical labor-market restraints from an economic perspective and factors impacting the legal standard for their evaluation.
Previous article Understanding the econometric tools of antitrust – With no math! Next article Breaking down barriers: Recruiting and promoting Black antitrust lawyers