A class action lawsuit was filed alleging that several of the nation's leading high-tech companies violated antitrust laws by conspiring to fix the pay of their employees and entering into "No Solicitation" agreements with each other. The complaint seeks restitution for lost compensation and treble damages for the anti-competitive employment practices of Adobe Systems Inc. (ADBE), Apple Inc. (AAPL), Google Inc. (GOOG), Intel Corporation (INTC), Intuit Inc. (INTU), Lucasfilm Ltd., and Pixar.
The complaint alleges the conspiracy among defendants consisted of (1) agreements not to actively recruit each other's employees; (2) agreements to provide notification when making an offer to another's employee (without the knowledge or consent of that employee); and (3) agreements to cap pay packages offered to prospective employees at the initial offer.
Starting in 2005 with Lucasfilm and Pixar, and continuing until at least 2009 with all defendants, the companies entered into "No Solicitation" agreements with knowledge of the overall conspiracy and with the intent to reduce employee compensation. As additional companies joined the conspiracy, competition among participating companies for skilled labor decreased. Compensation of defendants' employees was less than what would have prevailed in a properly functioning labor market where employers compete for workers.
The complaint for damages follows an investigation last year by the United States Department of Justice into similar misconduct by defendants. After that investigation was made public, defendants agreed to end the anti competitive agreements. However, no compensation was provided to employees of defendants. Today's class action was filed to seek lost pay for the employees who were targeted by defendants' conspiracy.


