11th Circuit Reinstates Claims Challenging Burger King’s No-Hire Agreement

Mealey's (September 7, 2022, 9:19 AM EDT) -- ATLANTA — A lawsuit by Burger King employees challenging the franchisor’s no-hire agreement with franchisees plausibly alleges violation of Section 1 of the Sherman Act, an 11th Circuit U.S. Court of Appeals panel ruled Aug. 31, likening the agreement to the National Football League (NFL) exclusive-licensing agreement in Am. Needle, Inc. v. Nat’l Football League and reversing dismissal “to the extent that it was based on the ‘concerted action’ element for a Section 1 violation.”...