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Judge Acquits All in Most Recent DOJ No-Poach Setback

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. In perhaps the DOJ’s...more

Antitrust Division Calls on Activision to Do Its Duty to eSports League Players

On April 3, the Department of Justice's Antitrust Division (DOJ) filed a complaint against and settlement with Activision Blizzard, Inc. (Activision), alleging the company violated Section 1 of the Sherman Act....more

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

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

Hee Pretrial Diversion Agreement Signals Small Victory for Antitrust Division in Wage Fixing and Staffing Allocation Case

Almost two years after indicting Ryan Hee for allegedly conspiring to allocate staffing and fix the wages of nurses, in violation of Section 1 of the Sherman Act (15 U.S.C. § 1), the government and Mr. Hee have entered into a...more

DOJ Evolves Its Strategy of Increased Criminalization of Employment Restrictions Under Antitrust Laws

The Biden administration’s Department of Justice (DOJ) Antitrust Division recently secured its first criminal conviction for a labor-side violation of Section 1 of the Sherman Act after VDA OC LLC (VDA) entered a guilty plea....more

Recent No-Poach Developments: Federal Enforcement Agencies Ally to Promote Labor and McDonald’s Latest Judicial Win

Antitrust in labor markets remains a “hot topic” for government, business, and labor. The antitrust enforcement agencies, consistent with the Biden administration’s “Executive Order on Promoting Competition in the American...more

Federal Court Denies DOJ's Request to File Statement of Interest in Pending McDonald's No-Poach Class Action

The Biden administration's Department of Justice, Antitrust Division (DOJ) continues a practice largely begun under the Trump administration of intervening in private litigation and requesting permission to file statements of...more

No-Poach Agreements Targeted by Plaintiffs, Enforcement Agencies and Senators

Agreements among companies to not hire each other’s workers are more risky than ever. The DOJ’s Assistant Attorney General for the Antitrust Division, Makan Delrahim, stated on January 19 that the division has criminal cases...more

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