AGG Talks: Antitrust and White-Collar Crime Roundup - Inside the World of No-Poach Investigations and Indictments
#WorkforceWednesday: ACA Preventive Coverage Mandate Blocked, Another No-Poach Loss for DOJ, and Employers Prepare for the End of the COVID-19 Emergencies - Employment Law This Week®
Trade Secret / Restrictive Covenant 2022 Year In Review (Fairly Competing, Episode 19)
Class Action | Eleventh Circuit Reinstates No Hire Antitrust Claims Against Burger King
Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney
The Latest on Antitrust Compliance
III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes
Employment Law This Week®: Employee Mobility
II-31- The Changing 9 to 5 From 1980 to Today
Employment Law This Week®: Criminal Prosecution of Anti-Poaching Agreements, EEOC Publishes 2017 Data, Organizational Changes at NLRB, NYC’s “Cooperative Dialogue” Requirements
II-26 – Superbowl Concerns, Tax Reform/MeToo, Restrictive Covenant Crimes, and Expanded Religious Discrimination Theories
In May 2024, the European Commission published a Competition Policy Brief classifying certain agreements related to labor markets as serious antitrust infringements. According to the Commission, so-called wage-fixing and...more
In recent years, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) have significantly ramped up enforcement efforts in labor markets. This article delves into two key enforcement...more
The American Bar Association Antitrust Law Section’s annual Spring Meeting concluded on April 12. The annual Spring Meeting featured updates from federal, state and international antitrust enforcers and extensive discussion...more
Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more
The Federal Trade Commission (“FTC”) and the Colorado attorney general have filed separate lawsuits challenging the proposed acquisition by The Kroger Company (“Kroger”) of Albertsons Companies, Inc. (“Albertsons”). Two...more
In Deslandes v. McDonald’s USA LLC, issued August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit overturned the dismissal of antitrust claims that challenged no-poach clauses in franchise agreements....more
At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...more
Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more
The Department of Justice’s Antitrust Division has suffered setbacks in its precedent-setting criminal prosecution of no-poach agreements in labor markets. The latest and perhaps most surprising defeat occurred when the...more
With a couple of notable exceptions, cartel fines were lower in most jurisdictions in 2022 than in the prior year—and well below historical norms. Fines in the United States—long the leader in cartel enforcement—were lower...more
The UK Competition and Markets Authority has signalled its interest in bringing enforcement actions in the labour market by issuing guidance to employers on competition law compliance. The guidance warns employers that...more
Last year, the Competition Act was amended to make it a criminal offense for two or more unrelated employers to enter into wage-fixing or no-poaching agreements. As we discussed last summer, these new provisions come into...more
In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more
Arrington v. Burger King Worldwide, Inc., No. 20-13561 (11th Cir. Aug. 31, 2022) – In October 2018, a former line cook of a Burger King franchise restaurant in Illinois, filed a class action complaint in the District Court...more
Nearly six years after the U.S. Department of Justice (DOJ) and the Federal Trade Commission (FTC) put human resource executives and their companies on notice that no-poach and wage-fixing agreements would be subject to...more
Since at least the onset of the COVID-19 pandemic in early 2020, healthcare employers nationwide have endured serious talent acquisition and retention challenges, forcing employers to consider different strategies to maintain...more
The current labor market is fraught with challenges for employers. In the wake of the COVID-19 market disruptions, the demand for employees, especially for experienced or highly trained employees, far exceeds the supply....more
Earlier this year, the Minister of Innovation, Science and Industry announced that amendments to the Competition Act would come in two stages. The first round of changes were revealed in the Budget Implementation Act (the...more
Join the Hogan Lovells Antitrust and Competition team on Wednesday, March 16, 2022 for a discussion on the evolution and expansion of antitrust enforcement in labor markets and how to identify and avoid common pitfalls in a...more
EU Kommission nimmt Absprachen im Personalbereich in den Blick EU-Wettbewerbskommissarin Margrethe Vestager hat in einer Rede am 22. Oktober 2021 in Rom („A New Era of Cartel Enforcement“) ausdrücklich betont, dass die...more
In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law...more
“If adopted and implemented by the agencies, the measures [in Biden’s executive order] would amount to the toughest antitrust enforcement that we’ve seen in the U.S. in decades.” The award-winning women partners of...more
For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more
Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more
On 9 July 2021, President Biden signed an Executive Order on Promoting Competition in the American Economy (“EO”) that takes aim, in part, at the healthcare industry. ...more