Rochella T. Davis, “Talent can`t be allocated: a labor economics justification for no-poaching agreements criminality in antitrust regulation” 2017 12 Brook. J. Corp. Fin. – Com. L. on September 10, 2018, a competitive environment for employment: competition and global employment 12. “In re: Railway Industry Employee No-Poach Antitrust Litigation,” Civil No.
2:18-MC-00798-JFC, MDL No. 2850 (www.justice.gov/atr/case-document/file/1131056/download); United States v. eBay, Inc., 968 F.Supp.2d 1030 (N.D. Cal. 2013); TALADAY, J.M – MEHTA, V. (2017), “Criminalization of wage-fixing and no-poaching agreements” CPI`s North America Column, P.1-2; Phillip E. Areeda and Herbert Hovenkamp (2019), Antitrust – An Analysis of Antitrust Principles and Their Application, Wolters Kluwer. The DOJ`s interest in non-poaching agreements began during the Obama administration when the DOJ, in collaboration with the Federal Trade Commission, published the Antitrust Guidance for Human Resource Professionals to remind companies and their staff that these agreements are contrary to antitrust rules. In addition, in 2016, the DOJ has repeatedly announced its intention to file a complaint against companies and individuals who have entered into such agreements. In the exercise of the public prosecutor`s discretion, the department will continue, as a civil violation, the non-poach agreements that were formed and denounced prior to these announcements.
The CYF clarified that this provision was not only about worker recruitment agreements, but also about agreements, such as the one discussed here, not to actively braille other people`s staff.  See z.B.: Svend Albék, “Consumer Walfare in EU Competition Policy,” Caroline Heide-Jorgensen (note. M), Aims and Values in Competition Law (DJ-F Publishing, 2012) at and Johannes Laitenberger, “Application of EU Competition Law: Principles, Strategy and Objectives” (Fordham University, 44th Annual Meeting of International Rules on Agreements and Abuse of Dominant Position and International Policies) is available at: However, at least under EU competition law, there may be more reason to be concerned about deferred compensation agreements that require that a worker`s deferred compensation be cancelled when he switches to a competitor or a competing category after being laid off.