Monopsony is the economic concept that gives no-poach clauses their legal significance. Without it, a clause prohibiting one franchisee from hiring another franchisee's employee looks like a mere internal rule of good conduct. With it, the clause appears as an instrument for collectively fixing the price of labour: the employee who cannot go and negotiate with the competitor across the road no longer has any leverage.
The US Treasury report of March 2022 goes one step further: it names franchising among the mechanisms of “fissuring” of work that feed monopsony power. This is not a moral judgement: it is a description of the market.