US Court Revives McDonald's Antitrust Case

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The Facts

  • On Friday, the 7th US Circuit Court of Appeals in Chicago revived the proposed nationwide class action suit accusing McDonald's of violating federal antitrust law.

  • The lawsuit alleges McDonald's required franchisees not to hire each other's employees — a policy previously ruled valid by a district judge, who said it protected franchisees' investments in trained workers.


The Spin

Narrative A

No-poach agreements are against free market principles and undermine the rights of workers, as they hinder employees from seeking promotions and earning a better living. Such practices, which employees have often been unaware existed, are unlawful and harm competition in the labor market by reducing employee mobility and suppressing wages.

Narrative B

No-poach or no-hire agreements only bar employees at franchise-owned restaurants from being hired by a separate franchise within the same chain. Under such agreements, workers are still free to seek more competitive roles with other employers if they wish — these practices shouldn't be subject to antitrust scrutiny.


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