Antipoaching is an
anti-competitive conduct where companies conspire not to hire each other's
employees.
Antipoaching agreements, or no-poach agreements, are related to
non-compete clauses, but distinct -- no-poach agreements are among employers, non-compete clauses are between employer and company. In the United States, antipoaching agreements have been widespread among franchise businesses: Research has found that 58 percent of major franchisors' contracts in 2016, including those of McDonald's, Burger King, Jiffy Lube, and H&R Block, contained agreements not to hire the workers of other franchisees. Some franchisors have since stated that they would drop those agreements.
Antipoaching agreements may be illegal under U.S. antitrust law in some circumstances.
[Antitrust Division, U.S. Dept. of Justice]
"No-poach approach,"
Spring 2019. Allegations about such agreements among major high-tech companies, including Apple and Google, were the basis of the
High-Tech Employee Antitrust Litigation.
See also
*
High-Tech Employee Antitrust Litigation
*
Employee raiding In business, employee raiding is the practice of unlawfully inducing an employee to leave one employer and take up employment with another employer.
The purpose of employee raiding is usually to gain access to unique or rare knowledge or skills wh ...
Notes
{{Business-stub
Anti-competitive practices