In several pending cases the Department of Justice has brought criminal charges against various individuals and companies for Sherman Act, Section 1 violations as a result of "no poaching" agreements. These "no poaching" agreements generally include a promise not to hire senior level executives or other employees from each other's companies. Some professional organizations have also included obligations against poaching as part of their ethical codes.

Assuming that the evidence establishes that such "no poaching" agreements exist, should they qualify as potential violations of Section 1 of the Sherman Act, or are they so beneficial to the public that they pose no cognizable anticompetitive harms? Why?