Mergers & Antitrust Law News

Justice Dept. Awaits Court Action on ‘No-Poach’ Deals: Official

Sept. 13, 2018, 9:55 PM

The Justice Department is waiting for courts to weigh in on how “no-poach” agreements among companies should be treated, an agency official said Sept. 13.

“We’re waiting for, hopefully, a higher court to tell us what the state of the law will be,” Doha Mekki, counsel to Assistant Attorney General Makan Delrahim, who heads the antitrust division, said at a American Bar Association conference in Austin, Texas.

No-poach agreements, where rival companies agree not to recruit each other’s workers, aren’t definitively illegal under U.S. law. But the government has gone after these arrangements between companies in multiple industries saying they...

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