By Thomas Fina, James Marshall, Jeremy Moore and Stacy Turner ( July 12, 2018, 2:03 PM EDT) -- A senior U.S. Department of Justice official recently remarked that the number of "no-poach" agreements between companies — which can include agreements not to solicit or hire a competitor's employees — in apparent contradiction of DOJ and Federal Trade Commission guidance was "shocking" and that he was surprised by how prevalent the practice is.[1] Other senior DOJ officials have repeatedly stated over the last year that the DOJ's Antitrust Division has a number of ongoing investigations in this area, and that it plans soon to issue indictments.[2] Agreements regarding soliciting and hiring employees of competitors have become an enforcement priority for U.S. antitrust authorities, and potential parties to merger and acquisition transactions should take a fresh look at how they approach the issue....
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