Avoiding Antitrust Violations In Employment Recruiting

Leveraging Guidance on Non-Solicitation Agreements from Recent DOJ Consent Decree

Recording of a 75-minute CLE webinar with Q&A

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Conducted on Thursday, February 3, 2011

Recorded event now available

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Course Materials

This CLE course will provide guidance to antitrust and employment counsel from the recent investigation and consent decree by the Department of Justice, Antitrust Division, stemming from alleged antitrust violations in recruiting. The panel will offer strategies to avoid antitrust issues in employment recruitment.


A recent consent decree between the U.S. Department of Justice, Antitrust Division, and six high-tech companies, including Apple and Google, raises a red flag for companies concerning employee recruiting practices.

The DOJ initiated an antitrust investigation into recruiting practices of these companies in 2009, focusing on the anticompetitive natures of the companies’ alleged agreements not to raid or solicit employees from each other.

Non-solicitation agreements between competitors are not banned, but U.S. v. Adobe puts employers on notice that the government will investigate such agreements. Antitrust advisors should counsel employers to apply the lessons from the DOJ's action for their employment recruitment policies.

Listen as our authoritative panel of antitrust attorneys examines the U.S. v. Adobe case, discusses the lessons for recruitment practices, and offers strategies to avoid antitrust violations in employee recruiting.



  1. U.S. v. Adobe case
  2. Lessons learned for other recruitment practices
  3. Strategies to avoid antitrust violations in employee recruiting


The panel will review these and other key questions:

  • What lessons can be learned from U.S. v. Adobe concerning the use of non-solicitation agreements and other recruitment practices?
  • What can companies include in recruitment agreements to improve compliance with antitrust law?
  • What strategies can competitors use when considering or entering into agreements concerning employee recruitment?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.


David T. Blonder
David T. Blonder

Akin Gump Strauss Hauer & Feld

He represents clients in connection with government antitrust investigations of mergers and acquisitions, civil...  |  Read More

Logan M. Breed
Logan M. Breed

Hogan Lovells

He concentrates his practice on antitrust clearance of mergers and acquisitions, antitrust litigation, and non-merger...  |  Read More

Molly S. Boast
Molly S. Boast
Deputy Assistant Attorney General for Civil Matters
U.S. Department of Justice, Antitrust Division

She previously served as Director of the Federal Trade Commission's Bureau of Competition, where she oversaw the...  |  Read More

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