The encyclopedia · People & Management · People decision · 2005–2015
Steve Jobs and Eric Schmidt conspired to fix engineers' wages — $415M settlement
Apple, Google, Adobe and Intel secretly agreed not to poach each other's engineers. Jobs threatened patent lawsuits for hiring Apple staff. The price: $415M.
Apple Inc. · Google LLC · Adobe Inc. · Intel Corporation · Pixar and Lucasfilm (Disney subsidiaries) · Intuit Inc. · 2010-09-24
What happened
Between 2005 and 2009, the CEOs of the biggest technology companies in the world made a secret pact: they would not recruit each other's employees. Steve Jobs of Apple and Eric Schmidt of Google were the primary orchestrators. Bilateral 'no cold call' agreements were signed between Apple and Google, Apple and Adobe, Apple and Intel, Google and Intel, Google and Intuit, and Pixar, Lucasfilm, and others. Any company that hired an employee from a partner had to notify them in advance, and counteroffers were forbidden.
The scheme was revealed in 2009 when the Department of Justice began investigating. In 2010, the DOJ sued Adobe, Apple, Google, Intel, Intuit and Pixar for violating the Sherman Act. The companies settled in 2011 without admitting wrongdoing, agreeing not to enter such agreements for five years. A class-action lawsuit followed in 2011 on behalf of over 64,000 affected employees, alleging the conspiracy had suppressed their wages by keeping them from receiving competitive offers.
Steve Jobs's emails were the smoking gun. In one exchange, Jobs personally threatened to file a patent lawsuit against a company that hired an Apple engineer — not because of any patent violation, but as punishment for the hire. Schmidt personally instructed Google HR to add Apple employees to a 'do not contact' list. In 2015, Apple, Google, Adobe and Intel agreed to a $415 million settlement to resolve the class action — about $5,770 per class member. The settlement was one of the largest antitrust class-action awards in US labor history.
Why it happened
- Steve Jobs and Eric Schmidt agreed to fix the labor market for engineers — suppressing wages for 64,000 workers across seven companies by agreeing not to recruit each other's employees
- Jobs used patent threats to enforce the agreement — threatening to sue companies that hired Apple engineers as punishment, not for patent infringement, revealing a labor-market cartel
- The companies settled for $415M after a decade of litigation, but the DOJ investigation and class action revealed a coordinated wage-fixing cartel at the highest level of Silicon Valley
The lesson
When the richest firms' CEOs secretly fix engineers' wages, it's not a gentleman's agreement — it's a cartel. A patent threat used to punish a hire reveals the pact: protect profit, not innovation.
Aftermath
The case reshaped Silicon Valley's approach to talent competition. The DOJ consent decree barred such agreements for five years and established that labor markets are subject to antitrust law. Steve Jobs's emails showed how even visionary CEOs can cross the line. The $415M settlement — $5,770 per worker — was a fraction of estimated wage suppression but sent a clear signal that labor-market collusion would be prosecuted.
Sources
- Wikipedia — High-Tech Employee Antitrust Litigation (2005-2009 no-poach agreements; Apple, Google, Adobe, Intel, Intuit, Pixar, Lucasfilm; DOJ suit 2010; $415M class-action settlement 2015; 64,000 employees; Steve Jobs and Eric Schmidt central orchestrators)
- BBC — Google, Apple and Intel settle no-poach lawsuit
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