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Business Articles Awards > General Antitrust

Human Resources: The Next Antitrust Frontier?

Susannah P. Torpey and Ryan D. Fahey, Antitrust & Trade Regulation Report, 109 ATRR 449, October 9, 2015

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Recent antitrust investigations by the U.S. Department of Justice (‘‘DOJ’’) and follow-on civil litigation against Apple, Adobe, Pixar, and other prominent firms in the hightech sector regarding no-hire, no cold-call, no counteroffer, and related agreements have exposed the potentially crippling legal risks borne by firms that act in concert with one another to impose restrictions on their employees’ ability to seek out other jobs. What some employers may see as innocuous agreements not to recruit one another’s prized employees, to limit disruptions across their industry, to compete ‘‘fairly’’ for recruits, or merely to clamp down on cold-calling, may subject those companies both to criminal sanctions and massive civil liability running into the hundreds of millions of dollars.

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