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From Antitrust Law Daily, June 28, 2013

Intuit agrees to settle California action over no-solicitation, no-hire arrangement with eBay

By William Zale, J.D.

Financial management solutions provider Intuit has agreed to settle an antitrust action brought by the Attorney General of California asserting that Intuit agreed with online marketplace eBay not to recruit each other’s employees and that Intuit required that eBay not to hire any Intuit employees. The complaint and a stipulation with the proposed final judgment in California v. Intuit, Inc. were filed in the federal district court in San Jose on June 26, 2013.

The complaint alleges that Intuit violated Section 1 of the Sherman Act, as well as the California Cartwright Act and Unfair Competition Law. Under the proposed final judgment, Intuit would be enjoined from entering into, maintaining or enforcing any agreement to refrain from soliciting, cold calling, recruiting, or otherwise competing for employees of another employer.

Last year, the United States charged eBay in a civil antitrust complaint based on its alleged no-solicitation and no-hire agreement with Intuit (U.S. v. eBay, Inc., Case No. 12-58690, November 16, 2012). A California action against eBay also is pending (California v. eBay, Inc., 5:12-cv-05874-EJD).

Companies: Intuit, Inc.; eBay, Inc.

MainStory: TopStory Antitrust CaliforniaNews

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