Industries that buy and sell products and services, such as video equipment, air cargo, or computer software, are the ones most commonly subject to scrutiny under the antitrust laws. The U.S. Department of Justice Antitrust Division’s investigation of high-tech companies’ hiring practices and the recent follow-on civil litigation offer a useful reminder that employment itself falls within the ambit of the antitrust laws as well.
In 2010, the DOJ launched investigations into alleged “no-poach” agreements among well-known high-tech companies—Apple Inc., Lucasfilm Ltd., Adobe Systems, Inc., Google Inc., Pixar, Intel Corporation, and Intuit, Inc. A private class action lawsuit filed last year in federal district court, In re High-Tech Employee Antitrust Litigation (2011), followed shortly after the government’s investigations. Though that case remains in the early stages of litigation, it nevertheless highlights some important practical considerations.
