Marc Lieberstein Franchising Versus No-Poach/Non-Compete Issues, Part 2
This past March, the Supreme Court allowed a proposed class action challenging McDonald's use of no-poach provisions in its franchise agreements to move forward, and denied McDonald's petition to review a ruling from the Seventh Circuit that revived the case last summer.
April 16, 2024 at 10:03 AM
10 minute read
In October 2022, this column looked behind the actions taken by courts and legislatures related to reigning in no-poach agreement provisions. We noted that "franchisors and franchisees seem likely to face potential antitrust liability for no-poach/no-hire agreements, and depending on the standard ultimately applied [per se or "Rule of Reason"], the liability could be substantial." See Christina Fahmy and Marc Lieberstein, "A Peek Behind Recent No Poach Antitrust Actions in Franchising", New York Law Journal, Oct. 25, 2022.
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