x.com/SharmaBits/status/2091226552943968366
1 correction found
found guilty of conspiring to suppress employee wages through secret no-poach / no-recruitment agreements
Apple and Google were accused of anticompetitive no-poach agreements, but this matter was resolved by civil settlements—not a finding of guilt.
Full reasoning
The record does not show Apple and Google being "found guilty" in this no-poach matter.
- In September 2010, the U.S. Department of Justice said it had reached a settlement with Apple, Google, and other tech firms, and that it filed a civil antitrust complaint alongside a proposed settlement. The DOJ described the no-solicitation arrangements as allegations in its complaint, not as a court adjudication of guilt.
- In the later employee wage-suppression class action, Adobe's SEC filing states that "All defendants deny the allegations" and that the parties "reached an agreement to settle the litigation."
- The court's September 2, 2015 order is a "Final Judgment and Dismissal" entered pursuant to the settlement. A settlement and dismissal is not the same thing as a judicial finding that the defendants were guilty.
So the accurate description is that Apple and Google were accused of using no-poach agreements and the cases were settled; they were not found guilty in court.
3 sources
- Justice Department Requires Six High Tech Companies to Stop Entering into Anticompetitive Employee Solicitation Agreements
The Department of Justice announced today that it has reached a settlement ... The Department of Justice’s Antitrust Division filed a civil antitrust complaint today ... along with a proposed settlement that, if approved by the court, would resolve the lawsuit.
- Adobe Systems Incorporated Form 10-K (2015)
In the consolidated complaint, Plaintiffs alleged that Adobe, along with Apple, Google ... agreed not to recruit each other’s employees ... All defendants deny the allegations and that they engaged in any wrongdoing of any kind. During the first quarter of fiscal 2015, the parties reached an agreement to settle the litigation.
- In re: High-Tech Employee Antitrust Litigation, Final Judgment and Dismissal
FINAL JUDGMENT AND DISMISSAL ... All Released Claims of Plaintiffs and the Class are hereby released ... This action is dismissed with prejudice as against the Defendants.