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Avoiding the Antitrust Pitfalls of No-Poach Agreements: Frequently Asked Questions and Answers

				
Posted  04/10/19
										

						By						  
													J. Wyatt Fore	
												
									

				 
								 				As federal antitrust enforcers have targeted so-called “no-poach” agreements in recent years, it has become increasingly important for employers in all industries to learn about the risks of entering into agreements that limit their competition for employees.  Here are the answers to some of the frequently asked questions about the exposure of such no-poach agreements to antitrust enforcement.

We have prepared...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
												
						

					
	
								
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The Antitrust Week In Review

				
Posted  04/9/19
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.  As movie theater owners converge on Las Vegas for their annual convention, one topic that keeps coming up is how they contend with a company that has resisted their traditional business model: Netflix Inc. The world’s most successful...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  International Competition Issues, 
												
						

					
	
								
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91pornMarks Its First 25 Years

				
Posted  04/8/19
								

				 
								 				91pornis celebrating the 25th anniversary of its founding.

Constantine Cannon’s founder, Lloyd Constantine, reflected on what a fascinating quarter century it’s been for the firm and its attorneys in his personal blog, .  Given that the firm’s history includes many of the most notable antitrust cases of recent vintage, we are reposting Lloyd’s recap of our first 25 years in...				 
				 				
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The Antitrust Week In Review

				
Posted  04/1/19
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.  Democratic presidential contenders Elizabeth Warren and Amy Klobuchar expressed support Saturday for strengthening antitrust laws and enforcement to break up big agriculture monopolies. "You've got these giant corporations that are making bigger and bigger...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Litigation, 
													  International Competition Issues, 
												
						

					
	
								
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The Antitrust Week In Review

				
Posted  03/25/19
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.  The N.C.A.A. said on Saturday that it was appealing a Federal District Court’s decision this month that barring athletes from being paid beyond a scholarship and related costs violated antitrust law. “We believe, and the Supreme Court has recognized, that...				 
				 					 

						
Tagged in:
													  Antitrust Enforcement, 
													  Antitrust Litigation, 
													  International Competition Issues, 
												
						

					
	
								
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The Marathon Effort to Enact an Antitrust Whistleblower Statute is Still in the Race

				
Posted  03/21/19
								

				 
								 				Although proposed legislation to protect and to encourage antitrust whistleblowers has struggled for years to cross the finish line the U.S., there are signs this marathon effort may yet prove successful.

While criminal prosecution of antitrust cartels is at the core of U.S. antitrust enforcement policy, there is a missing link in that policy.  If you are a member of an antitrust cartel, the law allows you to...				 
				 				
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The Antitrust Week In Review

				
Posted  03/18/19
								

				 
								 				Here are some of the developments in antitrust news this past week that we found interesting and are following.

.  The expanding power of technology companies has become a talking point in the United States presidential race, a subject of debate in India and a top focus of regulators in the European Union. Now, Britain is adding its voice to the...				 
				 				
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DOJ Clarifies How it Analyzes No-Poach Agreements

				
Posted  03/15/19
								

				 
								 				Deputy Assistant Attorney General Michael Murray provided some guidance with his  at the Santa Clara University School of Law regarding the U.S. Department of Justice’s (“DOJ”) antitrust initiatives with respect to the labor sector.  As Murray discussed, the DOJ has demonstrated an increased interest in prosecuting no-poach agreements in recent years and continues to provide guidance on the...				 
				 				
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NCAA May Have Lost Antitrust Case to Student-Athletes, But How Much Did It Really Lose?

				
Posted  03/13/19
								

				 
								 				Friday’s 104-page ruling in the antitrust case challenging the compensation rules of the National Collegiate Athletic Association (“NCAA”) is not a clear-cut victory for either side.

Although Judge Claudia Wilken of the U.S. District Court for the Northern District of California ruled in Alston V. NCAA that the NCAA and its 11 major conferences are violating antitrust law by capping the value of athletic...				 
				 				
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Federal Courts Reject Criminal Defendants’ Attempts to Avoid Per Se Standard in Antitrust Prosecutions

				
Posted  03/12/19
										

						By						  
													Harrison J. McAvoy	
												
									

				 
								 				Antitrust enforcers have recently notched a pair of significant victories, convincing federal courts in two separate cases to reaffirm the use of the per se standard in criminal antitrust cases.

Federal courts have long applied the rule that certain restrictive business practices among competitors, such as horizontal price-fixing, bid rigging, and market allocation—are per se illegal, regardless of any purported...				 
				 				
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