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US DOJ says Burger King no-poach case should get revived

( December 7, 2020, 22:31 GMT | Official Statement) -- MLex Summary: The US Department of Justice told an appeals court that it should restart a case against Burger King over alleged no-poach agreements. It said that a district court’s order of dismissal incorrectly applied a formalistic and categorical rule in the concerted-action analysis. According to the DOJ, Burger King franchisees are not categorically a single entity and the court should have evaluated how the franchise system operates in practice to determine whether the complaint plausibly pleaded that the franchisor and franchisees had disparate economic interests concerning employee hiring.See document below. ...

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