No-Poach Antitrust Litigation in the United States

Authors

Eric A. PosnerFollow
Sarah Hammond RobertsFollow

Document Type

Working Paper

Publication Date

2023

Abstract

In recent years, U.S. courts have heard numerous antitrust lawsuits challenging agreements among employers not to poach one another’s employees. The major issues so far involve labor market definition, the doctrine of ancillary restraints, the role of cross-market balancing, and the scope of the per se rule in the labor market context. The recent Seventh Circuit case of Deslandes v. McDonald’s has clarified some of these issues and will likely boost this form of litigation. But many questions remain unanswered.

Recommended Citation

Eric A. Posner & Sarah Roberts, "No-Poach Antitrust Litigation in the United States", Coase-Sandor Working Paper Series in Law and Economics, No. 993 (2023).