Home Anti Trust eBay Entered Agreement not to Hire Intuit Employees

eBay Entered Agreement not to Hire Intuit Employees


In 2010, antitrust concerns were raised when it was revealed that eBay and Intuit had entered into an agreement not to hire each other’s employees. This agreement was seen as a violation of antitrust laws and led to a lawsuit and settlement. In this article, we will explore the details of this case and its impact on the tech industry.

Background of the Case

In 2006, eBay and Intuit entered into an agreement not to hire each other’s employees. This agreement was designed to prevent the two companies from poaching each other’s top talent. However, in 2009, the Department of Justice began investigating the agreement, claiming that it violated antitrust laws.

The Lawsuit and Settlement

In 2010, the DOJ filed a lawsuit against eBay and Intuit, claiming that the no-hire agreement was illegal and an anticompetitive practice. The lawsuit was settled in 2013, with both companies agreeing not to enter into any agreements that would prevent the hiring or recruitment of employees.

The Impact on the Tech Industry

The eBay-Intuit case had a significant impact on the tech industry, as it highlighted the need to protect competition and prevent anticompetitive practices. The case also led to increased scrutiny of other tech giants, such as Google, Apple, and Intel, which were also accused of engaging in similar no-hire agreements.

The Importance of Antitrust Legislation

The eBay-Intuit case underscores the importance of antitrust legislation in protecting the competitive market. Antitrust laws are designed to prevent monopolies and promote competition, which is essential for innovation and economic growth. By enforcing antitrust laws, the government can keep markets open and fair, and ensure that all companies have an equal opportunity to succeed.


The eBay-Intuit case was a landmark case in antitrust law and had a significant impact on the tech industry. It highlighted the need to protect competition and prevent anticompetitive practices. The case also underscored the importance of antitrust legislation in promoting a fair and competitive market. Moving forward, it is crucial that all companies abide by antitrust laws to ensure that markets remain open, fair, and competitive.

On November 16, 2012, the Department of Justice announced it filed a civil antitrust lawsuit against eBay Inc because it entered into an agreement that denied the recruiting or hiring of Intuit Inc employees.  The Justice Department announced the agreement decreased competition for employment opportunities and denied employees access to better jobs and salaries.

The lawsuit was filed in the U.S. District Court for the Northern District of California in San Jose.  The lawsuit is asking eBay to disregard the agreement and keep from entering similar agreements with other companies in the future.  The Justice Department filed a similar lawsuit against Intuit earlier for the same charges.

According to court documents, eBay’s CEO, Meg Whitman, and Intuit’s founder and executive committee chair, Scott Cook, formed and enforced the anticompetitive agreement.  Additionally, the Justice Department claims that Cook was on eBay’s board of directors while he made complaints about the recruiting of Intuit employees by eBay.

The Justice Department declares that the illegal agreement was enforced from 2006 to at least 2009.  eBay was specifically instructed not to recruit Intuit employees and throw away resumes from Intuit employees.

Josepha Wayland, the Acting Assistant Attorney General in charge of the Antitrust Division, stated: “eBay’s agreement with Intuit hurt employees by lowering the salaries and benefits they might have received and deprived them of better job opportunities at the other company.  The Antitrust Division has consistently taken the position that these kinds of agreements are per se unlawful under the antitrust laws.”

The former lawsuit against Intuit included lawsuits against five other companies as well: Adobe Systems Inc, Apple Inc, Google Inc, Intel Corp, and Pixar.  The Justice Department argued all of these companies entered bilateral agreements not to hire and solicit employees.  All of the companies made agreements to discard such bilateral agreements, and the Justice Department is asking eBay to discard any agreements with Intuit as well.

Source: Department of Justice