I. The Vernacular
A. “No Poach” is a term for a certain type of agreement where two entities agree to refrain from soliciting another’s employees, which is viewed as a market allocation agreement.
B. “No Hire” is certain type of agreement where two entities agree not to hire each other’s employees, which is viewed as a market allocation agreement.
C. Wage Fixing is a term for a certain type of agreement where two entities agree on wages, salary or benefits for employees or to suppress earnings below the market rate (which can be done through no-hire agreements) and can be viewed as a form of price-fixing.
D. “Naked” agreements
1. They can be “naked,” which means that they are standalone agreements among competitors not tied to another legitimate agreement.