The United States, European Union, and many other international jurisdictions have antitrust and competition laws that seek to prevent anticompetitive conduct concerning labor and employment relationships. However, for many years these prohibitions on restraints of trade in labor markets and employment relationships were not routinely and rigorously enforced by those jurisdictions. The lack of governmental attention to these labor market practices has changed in important ways in recent years. Across many jurisdictions, we are now seeing more intense attention to conduct that suppresses wages of workers and their freedom of job mobility to other comparable positions. From an international perspective, particular attention is being paid to so-called “no-poach agreements”. These agreements have been the focus of much more intense government scrutiny in the last decade, including in prior issues of this journal.  This annual review and evaluation of case law and government regulatory law continues that focus by reviewing several developments concerning no-poach agreements in the past year and a half.
Donald J. Polden,
No-Poach Agreements: An Overview of US, EU, and National Case Law
Concurrences Antitrust Publications & Events 1
Available at: https://digitalcommons.law.scu.edu/facpubs/1022