As @TheDevil_LLC noted, the non-compete clauses are between franchisees within a chain, not between different chains. They’re still collusion, but could be hidden inside the contract between franchisor and franchisee.
Arby’s and McD’s are rival chains, and entering into formal Silicon Valley style anti-poaching agreements would be obvious and illegal collusion. In contrast, if the local franchisee of a town’s Arby’s and the local franchisee of the same town’s McDs happen to verbally agree that $16/hr is the highest either of them will pay any line employee then who’s to know?
