For those that have adjusted to the fact that the FTC and the Antitrust Division of the Department of Justice really do care if you agree with your competitors to not recruit each other’s employees (for which, see this recent reminder from DOJ involving E-Bay’s alleged involvement in the scheme among high-tech companies to avoid “poaching” each other’s employees), the FTC just settled an investigation of two ski manufacturers that allegedly agreed not to solicit each other’s endorsers along with an agreement not to solicit each other’s employees.
On May 19th the FTC settled charges against two companies, Marker Völkl, which makes Völkl skis, and Tecnica, which makes Blizzard skis, alleging that, despite being direct competitors, they operated for many years with an agreement not to poach each other’s endorsers and employees. The FTC alleged that this conduct was anticompetitive, and the companies settled by agreeing to consent orders that prohibit them from re-engaging in any such conduct in the future.
Continue Reading The Other Ski Boot Drops – You Shouldn’t Collude Over Endorsers Either