Avoiding Antitrust Issues in Hiring and Management

Overview

The antitrust laws protect competition in labor markets just as they protect competition for goods and other services. For example, so-called “naked” no-poach agreements—when businesses agree not to compete for employees when such agreements are not reasonably necessary for a separate, legitimate business transaction or collaboration—eliminate competition in the same irredeemable way as agreements to fix product prices or allocate customers, which have traditionally been investigated and prosecuted as criminal violations. The following resources are available to help small businesses avoid antitrust pitfalls related to employment relationships and hiring:

Resources

Antitrust Guidance for Human Resource Professionals

Antitrust Red Flags for Employment Practices

Updated November 12, 2020

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