Clifford Chance
A Hidden Antitrust Problem: Human Resources
17 September 2012
Human resources is not often thought of as an area that is likely to harbour antitrust compliance issues. But a series of consent orders concerning employee non-solicitation agreements are a reminder that certain employment-related agreements between competitors may pose antitrust risk. U.S. antitrust agencies prosecute these agreements as per se illegal under Section 1 of the Sherman Act. And those investigations often lead to protracted, expensive private litigations.
With this in mind, human resources executives and other staff involved in the employment process should be cognizant of what is permitted under the antitrust laws.
Download PDF
