25 mai 2022

Non-poaching agreements : A new legal battlefield for antitrust in the EU & US labor markets


Date & lieu

Mercredi 25 mai 2022 de 16h30 à 18h00 CEST

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Concurrences, in partnership with McDermott Will & Emery and Charles River Associates, is pleased to invite you to its next Law & Economics Webinar dedicated to non poaching agreements.


In the United States, the DOJ is taking an aggressive stance in criminal antitrust investigations relating to labor markets and in particular against alleged “no-poach” agreements. The European Commission and National Competition authorities have also been recently focusing on these alleged restrictions of competition. This novel approach is far from decided. Recently a jury acquitted DaVita, Inc. and its former CEO in the first criminal “no-poach” trial ever brought by the DOJ. The complete acquittal of both defendants and the rulings of the trial court cast doubt on whether the per se standard is appropriate for “no-poach” agreements and whether such agreements should be prosecuted criminally at all.

The McDermott team represented the former DaVita CEO. Two of the trial team members were Jeffrey Stone and Justin Murphy. Jeffrey Stone is a litigation partner, Chairman Emeritus of McDermott Will & Emery, and a former assistant U.S. attorney who is a member of the American College of Trial Lawyers. Justin P. Murphy is also a former federal prosecutor who spent many years working for the DOJ and is currently a partner in McDermott’s DC office.

In the European Union, only the Portuguese Competition Authority has issued for the first time statements of objections to an anti-competitive labour market agreement, whereas the French Competition Authority already fined companies for no-poach agreement as part of a wider cartel arrangement.

Raphaël DE CONINCK | Vice President, Charles River Associates, Brussels (bio)
Frédéric PRADELLES | Partner, McDermott Will & Emery, Paris (bio)
Ana Sofia RODRIGUES | Chief Economist, Portuguese Competition Authority (bio)
Jeffrey E. STONE | Partner – Chairman Emeritus, McDermott Will & Emery, Chicago (bio)

Moderator : Justin MURPHY | Partner, McDermott Will & Emery, Washington D.C. (bio)


If you would like to read about this event’s topic, you can access the following Concurrences documents. If you do not have access, please inquire for Subscription here.

1. Henrikas Stelmokaitis, Lithuania : The no-poaching law meets Article 101 : Where is the line ?, May 2022

2. Stephen Wu, Joshua W. Eastby, The US DoJ and Department of Labor release a Memorandum of Understanding to strengthen and coordinate enforcement efforts in labor markets, 10 March 2022

3. Daniel E. Shulak, Kathryn Hellings, The US DoJ declares that it is prepared to bring criminal charges against individuals who violate the prohibition on market monopolization, 2 March 2022, e-Competitions March 2022

4. Kathryn Hellings, Benjamin F. Holt, Liam Phibbs, Daniel E. Shulak, The US DoJ submits a statement of interest in a Nevada state court lawsuit filed by a group of anesthesiologists alleging that non-compete provisions in their employment agreements with a medical group violate state law (Pickert Medical Group), 25 February 2022

5. Steve Szentesi, The Canadian Competition Authority recommends sweeping amendments to core provisions of the Canadian Competition Act, 8 February 2022

6. Romanian Competition Authority, The Romanian Competition Authority for the first time opens investigation into possible anti-competitive behaviour in the labour force market for motor vehicle production, 31 January 2022

7. Steven E. Bizar, The US District Court for the District of Colorado acquits a Denver-based healthcare company and its former CEO on no-poach agreements in alleged violation of the sherman Act (Davita / Ken Thiry), 28 January 2022

8. Graham Hyman, Gregory E. Heltzer, The US DoJ antitrust Assistant Attorney General Jonathan Kanter signals a more aggressive stance in national antitrust enforcement, 24 January 2022

9. Christian Ritz, Hubertus Weber, The EU Commissioner for Competition Vestager announces increased focus on atypical cartels, including wage fixing or no-poach agreements in the labour market, 22 October 2021

10. Tilman Kuhn, Strati Sakellariou-Witt, Mark J. Gidley, Kathryn Jordan Mims, George Paul, Mark D. Powell, Cristina Caroppo, Peter Citron, The EU Commission plans a series of dawn raids to investigate anticompetitive practices in labor markets, 22 October 2021

11. Portuguese Competition Authority, The Portuguese Competition Authority publishes a final report and best practices guide on anticompetitive agreements in the labor market, 21 September 2021

12. Gönenç Gürkaynak, Öznur İnanılır, Berfu Akgun, The Turkish Competition Authority announces the launch of a full-fledged investigation against thirty-two undertakings for gentlemen’s agreements in labor markets across Turkey (Yemek Sepeti / Zomato / Commencis...), 20 April 2021

13. Portuguese Competition Authority, The Portuguese Competition Authority for the first time issues statements of objections for an anticompetitive agreement in the labor market against national football league and 31 sports companies who agreed not to hire back employees who terminated their employment due to COVID-19 (Portuguese Professional Football League), 19 April 2021

14. Herbert Hovenkamp, The Dean of American Antitrust, 7 July 2021

15. Mark J. Gidley, Kathryn Jordan Mims, Kristen O’Shaughnessy, Erin McNamee, Kevin Adam, Jaclyn Phillips, Abdul Hafiz, Tal Marnin, The US President Joe Biden signs an executive order which includes 72 initiatives aimed at enhancing competition and a directive encouraging the US FTC to ban or limit employee non-compete agreements, 9 July 2021

16. Dina Hoffer, Elizabeth Prewitt, To hire or not to hire : U.S. cartel enforcement targeting employment practices, September 2018


This event is organised by Concurrences Review and is co-sponsored by legal and/or economic partners. The attendee list will be communicated to the speakers. By registering for this webinar, you are submitting your information to the webinar organisers who will use it to communicate with you regarding this event and their other services. This webinar will be recorded. If your question is selected for the Q&A session, you are consenting to be recorded. The official hashtag of this event on our social media is #NonPoachingAgreements. Use it to get updated and add your inputs to the discussions. You can check the news of this event on our Twitter, Linkedin Company page, Linkedin Group or Instagram. Webinar accredited by the Paris Bar.