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Sherman Act Wage-Fixing Antitrust Violations

Morrison & Foerster LLP

Q3 2024: Quarterly Cartel Catch-Up

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Despite the summer doldrums, cartel enforcers around the world had several notable enforcement actions and, perhaps more importantly, signaled a busy fall and winter. In the United States, the Department of Justice’s...more

Axinn, Veltrop & Harkrider LLP

Conspiracy Theories Newsletter, 2024 Edition: Eight Predictions for the Future of Cartel Enforcement

2023 was a dramatic year for criminal antitrust enforcement in the United States. The Antitrust Division of the U.S. Department of Justice (“DOJ”) garnered big wins: three convictions at trial,1 $267 million in criminal fines...more

Ballard Spahr LLP

DOJ Gives Up on Its Sole Remaining Criminal No-Poach Prosecution

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Summary - Following a string of unsuccessful prosecutions in the labor space, the DOJ Antitrust Division moved this week to dismiss its last indicted criminal no-poach case, which had been pending against Surgical Care...more

Manatt, Phelps & Phillips, LLP

DOJ’s Losing Record on No-Poach, Wage-Fixing Continues

After launching an initiative to combat no-poaching and wage-fixing agreements, the Department of Justice (DOJ) has racked up zero victories in its criminal prosecutions to date, including a recent loss in Connecticut....more

Troutman Pepper

DOJ Fails to Convict in No-Poach/Wage Fixing Case

Troutman Pepper on

The Department of Justice (DOJ) Antitrust Division recently suffered another setback in its most recent effort to secure criminal convictions for labor-side violations of Section 1 of the Sherman Act. Having finally secured a...more

Sheppard Mullin Richter & Hampton LLP

DOJ Loses Third Consecutive Antitrust Labor Trial

The Department of Justice (DOJ) lost its third jury trial in its mission to secure criminal convictions against companies and executives accused of labor-side antitrust violations on March 22, 2023, when a jury in Maine...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Year-End Edition 2022

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In 2022, antitrust authorities around the world were pursuing more investigations, bringing new types of cases, and making policy changes to spark even more enforcement actions. In the United States, the Department of...more

Perkins Coie

Three Reasons Companies Need Customized Antitrust Compliance Programs Now

Perkins Coie on

Antitrust compliance programs that are tailored to a company’s culture, line of business, and competitive conditions have long been worth their weight in gold. But as 2022 draws to a close, a looming economic slowdown and an...more

Fisher Phillips

6 Antitrust Compliance Steps Employers Should Consider After First-Ever Federal Criminal Prosecution in Wage Fixing Case

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A healthcare staffing firm in Nevada just pled guilty to conspiring with a competitor to fix wages for school nurses and agreeing not to solicit each other’s workers – the nation’s first-ever successful criminal prosecution...more

Akin Gump Strauss Hauer & Feld LLP

$85 Million Poultry Processor Wage-Fixing Settlement Provides Valuable Antitrust- and Privacy-Related Compliance Lessons for HR...

Key Points - As part of the antitrust agencies’ public commitment to investigate and prosecute competitive harm in labor markets, the DOJ Antitrust Division fined three major U.S. poultry processors and a data consulting...more

Fisher Phillips

Feds on Verge of First-Ever Successful Criminal Prosecution in Workplace Antitrust Action: 6 Compliance Tips for Employers

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The U.S. Department of Justice appears to be close to reaching a plea deal that would result in the nation’s first-ever successful criminal prosecution of a workplace-related antitrust matter – and it should send a clear...more

Maynard Nexsen

Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney

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For this very special 100th episode of Taking the Pulse, we're joined by Nexsen Pruet attorney Marguerite Willis. Marguerite is a highly experienced litigator, and was featured on the cover of the latest Super Lawyers...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel - Q1 2022

Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more

Patterson Belknap Webb & Tyler LLP

Acquittals in the First Two Wage-Fixing and No-Poach Criminal Trials

Last month, the first two trials arising from the DOJ’s recent push to criminally prosecute wage-fixing and employee non-solicitation agreements both ended in acquittals on the antitrust charges. In United States v. Jindal,...more

Faegre Drinker Biddle & Reath LLP

DOJ Remains Committed to Aggressive Antitrust Enforcement Against Employers and Their Employees Even in the Wake of Recent Trial...

The Department of Justice Antitrust Division (DOJ) recently suffered significant losses in two criminal trials involving alleged criminal wage-fixing and related “no-poach” agreements by and between competitors. These were...more

Vinson & Elkins LLP

Back-to-Back Trial Losses Unlikely to Deter Antitrust Division’s Efforts to Take on Labor Market Prosecutions

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In the span of 24 hours, two closely-watched federal jury trials both ended in defeat last week for the Department of Justice, Antitrust Division (“the Division”). The trials were considered bellwethers in gauging how the...more

Patterson Belknap Webb & Tyler LLP

DOJ’s First Wins In Criminal Antitrust Prosecutions Of Wage-Fixing and No-Poach Agreements

Two weeks ago, the District of Colorado denied defendants’ motion to dismiss in a criminal case targeting agreements between competitors not to solicit (or “poach”) each other’s employees.  United States v. DaVita Inc. et...more

The Volkov Law Group

District Court Upholds Criminal Antitrust Charges for Labor Price-Fixing

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The Antitrust Division won a preliminary skirmish against two co-defendants who challenged the criminal indictment against them charging price-fixing in the labor market. District Court Judge Mazzant, in the Eastern District...more

Epstein Becker & Green

DOJ’s First Wage Fixing Indictment Survives a Motion to Dismiss Because Court Finds Wage-Fixing Agreements are Illegal Per Se

Epstein Becker & Green on

Within the last year, the U.S. Department of Justice (DOJ) brought its first indictments alleging criminal wage-fixing conspiracies and criminal no-poach conspiracies among competing employers. In December 2020, DOJ indicted...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments In Criminal Antitrust For Busy Corporate Counsel ‒ Summer 2021

More than halfway through the year, 2021 has shaped up to be another busy time for antitrust enforcers. In July, the Biden administration confirmed that antitrust remains a top priority by issuing a sweeping Executive Order,...more

Parker Poe Adams & Bernstein LLP

Wage Fixing Indictments Show Dangers of Discussing Labor Issues With Competitors

Last week, a federal grand jury returned an indictment against a Nevada temporary staffing agency and manager who allegedly conspired with a competitor to fix wages for temporary nurses assigned to a public school district....more

Mintz - Antitrust Viewpoints

Staffing Company Criminally Indicted for Targeting School Nurses in Wage-Fixing and No-Poach Scheme

The Department of Justice (“DOJ”) announced yesterday a criminal indictment returned by a federal grand jury in Las Vegas, Nevada charging a health care staffing company and its former manager of entering into and engaging in...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Brings First Criminal Challenges to Wage-Fixing and No-Poach Agreements

More than four years after the U.S. Department of Justice (DOJ) and U.S. Federal Trade Commission (FTC) jointly released the Antitrust Guidance for Human Resource Professionals in 2016 (Antitrust Guidance), the DOJ has...more

Arnall Golden Gregory LLP

Employers Beware: Recent Criminal Antitrust Cases Involving Wage Suppression and No-Poach Agreements

The Department of Justice Antitrust Division (“DOJ”) has recently announced two indictments alleging criminal antitrust violations against employers involving wage negotiation and no-poach theories. The cases, which...more

Troutman Pepper

Recent DOJ Action in the No-Poach Arena

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Since issuing its 2016 Antitrust Guidance affirming focus on enforcement of fair competition in labor-employment buy-side markets and warning of criminal remedies for those participating in illegal no-poach agreements, the...more

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