Dan Gilman on the McDonald’s No-Poach Case

Bloomberg Law – ICLE Senior Scholar Daniel Gilman was quoted by Bloomberg Law in a story about a challenge before the 7th U.S. Circuit Court of Appeals regarding so-called “no-poach” agreements among McDonald’s franchisees. You can read full piece here.

Daniel Gilman, senior scholar at the International Center for Law & Economics, doesn’t believe this type of agreement is unlawful, but said if the courts don’t allow it franchises will figure out ways to deal with that, as some of them have already.

…Current FTC leadership wants to get at both vertical and horizontal constraints, Gilman, a former FTC attorney advisor, said, but “we’re not looking at an FTC or DOJ investigation” here.

The FTC is “trying to develop this new position and blend what have long been considered distinct routes to analyzing vertical and horizontal restraints, so part of this may be planting the flag for them. But I don’t buy it,” Gilman said.