Last week, U.S. District Judge Victor A. Bolden dismissed a case brought by the U.S. Department of Justice (“DOJ”) against several aerospace engineering bosses for alleged anticompetitive use of no-poach agreements. This...more
The Government Continues to Seek Criminal Sanctions in Cases Regarding Wage-Fixing and No-Poach Agreements -
On Wednesday, March 22, a Maine federal jury acquitted four operators of home health agencies who were accused of...more
3/28/2023
/ Antitrust Division ,
Antitrust Litigation ,
Certifications ,
Criminal Sanctions ,
Department of Justice (DOJ) ,
Healthcare ,
Home Health Care ,
No-Poaching ,
Popular ,
Risk Mitigation ,
Wage-Fixing ,
Written Agreements
After a string of losses by the Department of Justice Antitrust Division (the “Division”) in no-poach and wage fixing litigations, including a wage-fixing antitrust case in the physical therapy industry in April, the...more
Recent actions by the Biden administration, including the Treasury Department’s report on the State of Labor Market Competition in the U.S. Economy, the Memorandum of Understanding between the Department of Labor (DOL) and...more
4/20/2022
/ Biden Administration ,
Collusion ,
Criminal Prosecution ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement ,
Federal Trade Commission (FTC) ,
No-Poaching ,
Non-Compete Agreements ,
Sherman Act ,
U.S. Treasury ,
Wage-Fixing
Recent actions by the Biden administration, including the Treasury Department’s report on the State of Labor Market Competition in the U.S. Economy, the Memorandum of Understanding between the Department of Labor (“DOL”) and...more
4/13/2022
/ Anti-Competitive ,
Biden Administration ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Enforcement ,
Executive Orders ,
Federal Trade Commission (FTC) ,
No-Poaching ,
Project Labor Agreements ,
Sherman Act ,
Wage-Fixing
As summarized in the July 9, 2021 King & Spalding Client Alert, President Biden issued an executive order on July 9, 2021 designed to enhance competition across multiple sectors of the U.S. economy. One of the order’s key...more
7/14/2021
/ Biden Administration ,
Collusion ,
Competition ,
Department of Justice (DOJ) ,
Enforcement Actions ,
Executive Orders ,
Federal Trade Commission (FTC) ,
No-Poaching ,
Non-Compete Agreements ,
Rulemaking Process ,
Trade Secrets ,
Wage-Fixing
Agreements between companies not to solicit or to hire each other’s employees (“no poach agreements”) have been in antitrust enforcers’ crosshairs for several years now. In 2016, the DOJ and the FTC released their joint...more
On January 7, 2021, the Antitrust Division of the U.S. Department of Justice announced a two-count indictment of Surgical Care Affiliates LLC (“SCA”), which owns and operates outpatient medical care centers across the...more
On December 10, 2020, the Antitrust Division of the U.S. Department of Justice announced the indictment of Neeraj Jindal, a former owner of a therapist staffing company, for a criminal conspiracy to fix wages paid to physical...more
12/15/2020
/ Antitrust Division ,
Antitrust Violations ,
Civil Sanctions ,
Compliance ,
Criminal Sanctions ,
Department of Justice (DOJ) ,
Employees ,
Employer Liability Issues ,
Federal Trade Commission (FTC) ,
Indictments ,
Investigations ,
No-Poaching ,
Wage-Fixing