Recently, the DOJ has shined a spotlight on the potential antitrust risks associated with employers’ use of “no-poach” agreements, in which companies agree not to hire or solicit each other’s employees. Interestingly, in February of this year, the DOJ filed Statements of Interest in several civil antitrust cases brought against franchisors, taking the position that the no-poach agreements at issue in those cases were not per se unlawful and should be analyzed under the more forgiving rule of reason test. This insight into the DOJ’s position on no-poach agreements bears watching and could ultimately provide helpful guidance to franchisors, manufacturers who distribute through independent dealers, and other companies that may wish to use no-poach provisions in their vertical contracts. Our team explains what you need to know in our recent alert.