In the on-line course session for the first week of class, you read an article a
ID: 422173 • Letter: I
Question
In the on-line course session for the first week of class, you read an article about a class action lawsuit that had been filed on behalf of roughly 64,000 tech employees against firms like Google, Apple, Intel, and Adobe, alleging that the executives at these firms – people like Steve Jobs, Eric Schmidt, and Sergey Brin – had colluded with each other to form no-poaching agreements, thereby keeping their employees from jumping ship to competing firms. If the allegations are true, have the defendants engaged in anti-competitive behavior and violated the anti-trust laws? How or how not? In the on-line course session for the first week of class, you read an article about a class action lawsuit that had been filed on behalf of roughly 64,000 tech employees against firms like Google, Apple, Intel, and Adobe, alleging that the executives at these firms – people like Steve Jobs, Eric Schmidt, and Sergey Brin – had colluded with each other to form no-poaching agreements, thereby keeping their employees from jumping ship to competing firms. If the allegations are true, have the defendants engaged in anti-competitive behavior and violated the anti-trust laws? How or how not?Explanation / Answer
The organizations named in the question are all technology companies. While they do have regular assets, one of their key asset is the human resource. Naturally, a healthy competition between them should not only be competing for customers but also for talents. By adopting no-poach agreement, they have refrained from competing in the labor market. This is anti-competitive behavior and a violation of anti-trust law.
In the recent times (2018) the department of justice has begun investigating several organizations for alleged no-poach and wage-fixing agreement. This further strengthens the arguments brought forward by the 64000 employees against their firms.
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