No-poach agreements are agreements between companies not to recruit and/or hire each other’s employees. These sorts of agreements, also called no-hire or no-solicitation agreements, are a form of collusion. They restrict competition in the labor market, leading to lower wages, reduced mobility for workers, and other harms, such as less innovation.

Antitrust enforcement agencies, such as the U.S. Department of Justice (Antitrust Division) and the Federal Trade Commission, consider no-poach agreements to be potentially illegal under antitrust laws. This is especially true if the agreements are not related to a legitimate business transaction or collaboration. In a no-poach case, an economist plays a crucial role in analyzing the market and assessing the impact that stems from the alleged no-poach agreements. Clients rely on Econ One’s antitrust experts for their ability to assess the impact of no-poach agreements and their ability to deliver comprehensive expert reports and expert testimony before courts and regulatory agencies.

Econ One’s global team of experienced antitrust economists have worked on some of the most intricate and high-stakes no-poach cases across a diverse range of industries. We are regularly called upon to utilize cutting-edge econometric models and data analysis techniques to isolate economic effects and assess injury in no-poach-related cases. This all results in Econ One being the trusted partner in navigating the complexities of no-poach agreements.