Antitrust claims involving restrictions on workers have become a major focus of U.S. antitrust agencies and private litigation in recent years. In light of the January 2025 release of the DOJ and FTC’s “Antitrust Guidelines on Business Practices that Impact Workers”, this program provides an overview of the latest legal developments in this area and addresses how the agencies’ approach to wage-fixing, no-poach agreements, noncompete clauses, and information sharing has evolved over time—especially in the context of franchising. In addition to discussing how the newly released Guidelines differ from the 2016 “Antitrust Guidance for Human Resource Professionals,” the program will examine the economic considerations surrounding the growing debate over the potential procompetitive and anticompetitive effect of these types of employment restrictions.
