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DOJ Gets First Guilty Verdict for Labor Market Collusion, A Caution to Employers

On April 14, 2025, after a three-week trial, a federal jury in the U.S. District Court for the District of Nevada returned a guilty verdict on all six counts for Eduardo Lopez, a home healthcare staffing executive. Lopez was...more

DOJ, FTC Issue Updated Antitrust Guidance for Employers on Business Activities Affecting Workers

On Jan. 16, 2025, the U.S. Department of Justice and the Federal Trade Commission jointly issued new Antitrust Guidelines for Business Activities Affecting Workers, replacing the 2016 Antitrust Guidance for Human Resource...more

“There are Cops on the Beat”: DOJ’s Procurement Collusion Strike Force Leader Emphasizes Criminal Antitrust as Top Enforcement...

On September 14, 2023, Daniel W. Glad — Director of the Procurement Collusion Strike Force (“Strike Force”) for the Department of Justice’s (“DOJ”) Antitrust Division — gave remarks as the keynote speaker for the Virginia Bar...more

Trial Court Rejects DOJ Antitrust Division’s No-Poach Legal Theory and Acquits Defendants

On April 28, 2023, the Department of Justice Antitrust Division suffered another setback to its expanded criminal prosecution of no-poach agreements. The trial court in United States v. Patel, et al., granted a motion to...more

U.S. Attorneys’ Offices Adopt Policy Incentivizing Self-Disclosure of Corporate Misconduct

On Feb. 22, 2023, U.S. Attorneys’ Offices throughout the country adopted a new policy that incentivizes corporate voluntary self-disclosure of misconduct. Deputy Attorney General Lisa Monaco’s Sept. 15, 2022 memorandum...more

DOJ Antitrust Division Announces Increased Scrutiny of Information Sharing

On Feb. 2, 2023, Doha Mekki, a senior leader of the Department of Justice’s Antitrust Division, announced wholesale changes to the Antitrust Division’s review of companies’ information-sharing practices. The Antitrust...more

DOJ Considers Updated Guidance on Information-Sharing, as Part of Renters Bill of Rights

On Jan. 25, 2023, the White House announced President Joe Biden’s Blueprint for a Renters Bill of Rights and several related initiatives “to increase fairness in the rental market and further principles of fair housing.” The...more

DOJ and NLRB Announce New Partnership to Enhance Enforcement in Labor Markets

On July 26, 2022, the U.S. Department of Justice (DOJ) Antitrust Division and the National Labor Relations Board (NLRB) signed a joint memorandum of understanding (MOU) with the goal of “promoting the free flow of commerce...more

DOJ Antitrust Division Adds Promptness Requirement to Leniency Program

On April 4, 2022, the U.S. Department of Justice’s Antitrust Division announced significant changes to its flagship leniency program. Largely unchanged since 1993, the leniency program allows any member of a cartel, whether...more

DOJ Signals Intent to Bring Criminal Charges for Monopolization

The U.S. Department of Justice’s Antitrust Division previewed on March 2, 2022, a potentially dramatic shift in its enforcement of Section 2 of the Sherman Act, which prohibits monopolization, attempted monopolization and...more

President Biden Signs Executive Order Targeting Employee Noncompete Agreements

On July 9, 2021, President Joe Biden issued an executive order aimed at restricting the use of noncompete agreements by private employers. The order calls on the Federal Trade Commission (FTC) to adopt new rules to...more

Biden Signs Sweeping Executive Order Designed to Expand Antitrust Regulation and Increase Enforcement

On July 9, 2021 President Biden signed a sweeping executive order aimed at promoting competition in the United States by calling on federal agencies to promptly address what the administration views as “some of the most...more

Forthcoming Executive Order Targets Employee Noncompete Agreements

At a press briefing on July 7, 2021, the White House announced that President Joe Biden plans to issue an executive order aimed at restricting the use of noncompete agreements by private employers....more

New Law Protects Criminal Antitrust Activity Whistleblowers From Employer Retaliation

On Dec. 23, 2020, President Trump signed into law the Criminal Antitrust Anti-Retaliation Act. The new law, whose passage was applauded by the Department of Justice, prohibits employers from retaliating against employees who...more

DOJ, FTC Clarify Merger Review Analysis With New Vertical Merger Guidelines

On June 30, 2020, the Department of Justice and a divided Federal Trade Commission finalized new Vertical Merger Guidelines applicable to acquisitions and mergers that combine firms or assets at different stages of the same...more

DOJ, FTC Warn Against Employment Collusion That Harms COVID-19 Front-Line Workers

On April 13, 2020, the Antitrust Division of the Department of Justice and the Bureau of Competition of the Federal Trade Commission issued a joint statement warning they are closely monitoring employer collusion....more

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