Law Commons^™

Vol. 8 No. 2, Spring 2017; The Predatory Hiring Standard For Section 2 Violations Of The Sherman Antitrust Act, Nicole Page

Northern Illinois Law Review Supplement

In antitrust claims of predatory hiring, plaintiffs allege that defendants have attempted to monopolize the market by eliminating their business or injuring their ability to compete by hiring away their employees. Universal Analytics, Inc., the principal case deciding this type of antitrust action, determined that unlawful predatory hiring may be established in two ways: (1) by showing the hiring was made with such predatory intent, or (2) by showing a “clear nonuse in fact.” After considering the criticism of the standards by legal scholars and examining key cases following Universal Analytics, Inc., this Note acknowledges the evolution of the application …