Labor Markets and ‘No-Poach’ Agreements: FTC, Colorado AG Take Aim at Kroger-Albertsons Merger
JD Supra: Mergers
MARCH 6, 2024
The Federal Trade Commission (“FTC”) and the Colorado attorney general have filed separate lawsuits challenging the proposed acquisition by The Kroger Company (“Kroger”) of Albertsons Companies, Inc. (“Albertsons”). Two features of the complaints in these cases are noteworthy: first, they show the continued focus by antitrust authorities on “no-poach” agreements (agreements between competing companies not to hire each other’s employees) and a willingness to go after these agreements however they
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