News & Analysis as of

Competition Wage-Fixing Federal Trade Commission (FTC)

Harris Beach Murtha PLLC

Federal Trade Commission Forms Task Force to Address Labor Market Conduct

On February 26, 2025, Andrew N. Ferguson, the newly appointed Chair of the Federal Trade Commission (FTC), issued a memorandum outlining the agency’s populist agenda and directing the formation of a “Joint Labor Task Force”...more

Sheppard Mullin Richter & Hampton LLP

DOJ and FTC Issue Antitrust Guidelines for Business Activities Affecting Workers

Four days before President Trump took office, the Department of Justice (“DOJ”) and Federal Trade Commission (“FTC”) (together, “the Agencies”) under the Biden administration released their “Antitrust Guidelines for Business...more

Troutman Pepper Locke

FTC and DOJ Issue Antitrust Guidelines for Business Activities Affecting Workers

Troutman Pepper Locke on

On January 16, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) issued “Antitrust Guidelines for Business Activities Affecting Workers” (2025 Guidelines). The 2025 Guidelines aim to “promote clarity and...more

Morrison & Foerster LLP

A Parting Gift to Labor Markets: Outgoing Antitrust Enforcers Issue Revised Guidelines on Practices Affecting Workers, But Will...

In the final days of the Biden administration, the FTC and DOJ jointly issued antitrust guidelines on business practices that impact workers that replace the 2016 Antitrust Guidance for Human Resource Professionals, which...more

Holland & Knight LLP

DOJ, FTC Issue New Antitrust Guidelines on Business Practices Impacting Workers

Holland & Knight LLP on

Less than a week before the administration change from former President Joe Biden to President Donald Trump, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) released new guidance highlighting business...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

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

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 2nd Quarter 2023

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

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q1 2023

Goodwin on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Are the FTC and DOJ Losing Antitrust Battles but Gaining Ground?

The Department of Justice (DOJ) Antitrust Division — for the third time in the span of a year — recently failed to convince a jury that alleged agreements to fix or stabilize labor markets should be punished criminally. It...more

K&L Gates LLP

No-Poach Agreements Receive Their Marching Orders in the US and Europe: Do's and Don'ts for HR Departments

K&L Gates LLP on

Labor Market Meets Competition Law - In a labor market where companies are competing to attract and retain talent, the rising shortage of highly-skilled employees, high mobility, and high salary demands in certain market...more

Morrison & Foerster LLP

Sights and Sounds from the Antitrust Section’s 2023 Spring Meeting

Antitrust practitioners from around the world gathered in Washington, D.C. the week of March 27, 2023, for a series of industry meetings, centered around the American Bar Association Antitrust Law Section’s 71st Annual Spring...more

Amundsen Davis LLC

The DOJ’s Focus on Employer Non-Poaching Agreements Continues

Amundsen Davis LLC on

In another example of the Department of Labor (DOJ) pursuing criminal anti-trust cases against employers throughout the country, on October 27th, 2022, VDA OC, LLC (formerly Advantage On Call or AOC), a healthcare staffing...more

Skadden, Arps, Slate, Meagher & Flom LLP

Recent Antitrust Developments Underscore Administration’s Focus on Labor Markets

As the Biden Administration enters its second year, the White House and antitrust enforcers at the Department of Justice (DOJ) and the Federal Trade Commission (FTC) continue to focus on the intersection between antitrust and...more

Dentons

Antitrust Concerns for Employers

Dentons on

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

Hogan Lovells

From “no-poach” to non-competes: US antitrust enforcement in labor markets continues to evolve

Hogan Lovells on

The Covid-19 pandemic has caused upheaval across labor markets and resulted in what some have termed the “Great Resignation.” In the midst of these challenging labor market conditions, employers should be aware that the U.S....more

Womble Bond Dickinson

Opportunity Economy: Risks in Antitrust Enforcement

Womble Bond Dickinson on

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

Foley & Lardner LLP

President Biden’s Executive Order on Competition Could Mean Broad Changes Across a Range of Industries

Foley & Lardner LLP on

On Friday, July 9, 2021, President Biden issued a sweeping Executive Order that could have far-reaching implications for businesses across a broad spectrum of industries. The Executive Order takes a government-wide approach...more

King & Spalding

Executive Order Restrains Use of No-Poach & Non-Compete Clauses

King & Spalding on

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

BCLP

COVID-19 UPDATE: U.S. Antitrust Agencies Issue Joint Statement on COVID-19 and Competition in U.S. Labor Markets

BCLP on

In a warning to businesses, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and Federal Trade Commission (“FTC,” collectively the “Agencies”) issued a joint statement announcing their continuing vigilance...more

Seyfarth Shaw LLP

The DOJ and FTC Issue Joint Statement on Competition in Labor Markets in Light of COVID-19: What Effect, If Any, Does This Have on...

Seyfarth Shaw LLP on

On April 13, 2020, the Department of Justice’s Antitrust Division and the Federal Trade Commission’s Bureau of Competition released a joint statement and press release regarding “competition in labor markets” and potential...more

Troutman Pepper Locke

Recent FTC Settlement Confirms Enforcement Priority to Protect Employees From Employer Collusion

Troutman Pepper Locke on

On July 31, the FTC published its settlement with Therapy Source, LLC; its owner, Sheria Yarbray; and Neeraj Jindal, the former owner of a competing staffing company — Integrity Home Therapy (collectively, the respondents)....more

Perkins Coie

DoJ Employee "No-Poach" Antitrust Consent Decree Sharpens Compliance Teeth

Perkins Coie on

The U.S. Department of Justice (DoJ) filed a complaint recently alleging that competing railroad equipment manufacturers Knorr-Bremse AG, Westinghouse Air Brake Technologies Corporation (Wabtec) and Faiveley Transport S.A....more

FordHarrison

DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

FordHarrison on

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,...more

Littler

DOJ and FTC Release Antitrust Guidance for HR Professionals

Littler on

Employment lawyers and human resources professionals, take note:  In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more...more

Bradley Arant Boult Cummings LLP

Attention HR: The Antitrust Laws Apply To You Too!

Human resources professionals keep track of a number of laws and regulations administered by several different agencies. For the most part, HR departments have given little attention to federal antitrust law compliance. After...more

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