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Federal Trade Commission (FTC) Hiring & Firing Antitrust Division

Vedder Price

Mark Meador Confirmed as FTC Commissioner

Vedder Price on

On April 10, 2025, the Senate confirmed Mark Meador to serve as the third Republican on the Federal Trade Commission (FTC) in a 50-46 party line vote. Commissioner Meador takes his seat on a Commission now comprised of three...more

BakerHostetler

FTC Launches Task Force To Investigate and Prosecute ‘Unfair’ No-Poach, Noncompetes and Other Labor-Market Practices

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The Federal Trade Commission (FTC) will continue its focus on “unfair” competition in the labor markets – including the use of noncompete, no-poach and no-hire agreements – albeit with a seemingly more targeted approach than...more

McCarter & English, LLP

Antitrust Guidelines for Worker-Related Business Practices: How to Stay on the Right Side of Antitrust Hiring Laws During the...

The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (together, the Agencies) issued Antitrust Guidelines for Business Activities Affecting Workers (2025 Guidelines) in January. The 2025...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - October 2024

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

WilmerHale

Balancing Act: Navigating Nuances in Labor Market Enforcement

WilmerHale on

In recent years, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) have significantly ramped up enforcement efforts in labor markets. This article delves into two key enforcement...more

Goodwin

US Antitrust Agencies Release Revised Draft Merger Guidelines

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On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more

BCLP

Back to the Future: Antitrust Agencies Announce New Draft Merger Guidelines

BCLP on

On July 19, 2023, the Federal Trade Commission and Department of Justice, Antitrust Division (together, the “Agencies”) announced new draft Merger Guidelines (“Draft Guidelines”), which detail the analysis the Agencies will...more

Williams Mullen

Federal Antitrust Regulators Announce Proposed New Merger Guidelines

Williams Mullen on

On July 18, 2023, the DOJ Antitrust Division and the Federal Trade Commission released new Guidelines detailing the principles that they intend to apply when reviewing mergers. The Guidelines, issued in draft form for public...more

Epstein Becker & Green

FTC Reaches Agreement with NLRB to Further Protect Labor Markets

Epstein Becker & Green on

The Federal Trade Commission (FTC) and the Department of Justice have prioritized the protection of labor markets. From scrutinizing “no-poach” agreements and restrictive covenants to analyzing the impact of mergers and...more

Vinson & Elkins LLP

DOJ's Aggressive Pursuit of 'No Poachers'

Vinson & Elkins LLP on

On January 28, 2022, the United States District Court for the District of Colorado declined to dismiss a criminal antitrust indictment alleging a dialysis operator, DaVita Inc. (“DaVita”), and its former CEO colluded with...more

Vinson & Elkins LLP

Prominent Services Contractors Ensnared in No-Poach Class Action

Vinson & Elkins LLP on

For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more

Ballard Spahr LLP

Chamber of Commerce Questions the Criminality of Employee No-Poach Agreements

Ballard Spahr LLP on

Whether employee no-poach agreements are illegal per se is being tested in a criminal case, U.S. v. Surgical Care Affiliates LLC et al., drawing the attention of many interested parties, including the United States Chamber of...more

Latham & Watkins LLP

DOJ’s First Criminal Charges for Wage-Fixing and No-Poach Labor Agreements: 6 Key Takeaways

Latham & Watkins LLP on

With increased scrutiny of anticompetitive conduct in labor markets, companies need to adopt proactive compliance efforts to avoid prosecution. The US Department of Justice’s (DOJ’s) Antitrust Division recently announced...more

Jackson Lewis P.C.

Department Of Justice Fires Warning Shot Over Unlawful No-Poach Agreements

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On April 3, 2018, the Department of Justice’s Antitrust Division settled an antitrust action against the world’s two largest rail equipment suppliers, accusing them of maintaining “naked” no-poaching agreements in violation...more

Proskauer - Law and the Workplace

DOJ Announces First Settlement Under Trump Administration Regarding “No-Poach” Agreement

On April 3, 2018, the Antitrust Division of the U.S Department of Justice (“DOJ”) announced that it had reached a settlement in a matter involving a “no-poaching” agreement between employers—the first such enforcement action...more

Alston & Bird

With New Round of No-Poach Allegations, Government Fires a Shot Across the Bow at Anticompetitive Employment Practices

Alston & Bird on

In the first of what is expected to be a new wave of antitrust challenges to agreements among companies not to recruit or hire each other’s employees, the U.S. Department of Justice Antitrust Division (DOJ) recently announced...more

Mintz - Employment Viewpoints

Antitrust Attacks on “No-Poach” Agreements Between Employers Accelerating

As we reported in an earlier blog post, the Federal Trade Commission and Department of Justice issued guidance in the waning days of the Obama administration reminding HR professionals and others that the antitrust laws could...more

Bass, Berry & Sims PLC

DOJ: No-poach Agreements Violate Antitrust Laws, Criminal Penalties Against Companies Are On the Way

Expect criminal indictments in the near future against companies that have agreed not to recruit or hire each other's employees. That was the strong message from Makan Delrahim, the new Assistant Attorney General for the...more

Morgan Lewis

DOJ Antitrust Division Announces Imminent Criminal Prosecution for ‘No Poaching’ Agreements

Morgan Lewis on

The US Department of Justice’s Antitrust Division will soon announce its first criminal charges involving “no poaching” agreements—agreements to refuse to solicit or hire another company’s employees—after previously...more

K&L Gates LLP

Assistant Attorney General Announces that DOJ Antitrust Division is Building Criminal Cases Against Companies for Anti-Poaching...

K&L Gates LLP on

The Assistant Attorney General for the Antitrust Division of the Department of Justice (DOJ) recently announced that the DOJ is currently developing criminal cases against companies who form agreements not to hire each...more

Faegre Drinker Biddle & Reath LLP

Corporate Agreements Not to Recruit Employees From Competitors Could Lead to Criminal Actions, Per DOJ Antitrust Chief

In a speech on January 19, the Department of Justice Antitrust Division’s chief antitrust enforcer, Makan Delrahim, said the Division is investigating and plans to pursue criminal actions against employers who have agreed not...more

Jackson Lewis P.C.

Lead Antitrust Attorney Hints At Upcoming Prosecutions For No-Poach Agreements

Jackson Lewis P.C. on

The chief prosecutor in the U.S. Department of Justice’s Antitrust Division signaled last week that his unit expects to initiate criminal actions against multiple companies accused of entering unlawful pacts not to hire each...more

Cooley LLP

Alert: Antitrust 2017: Trends and Developments to Watch

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1. Transition to a Trump Administration is top of the agenda - President-elect Donald Trump's DOJ and FTC transition team appointments and public short list of candidates to run the agencies indicate that antitrust...more

Constangy, Brooks, Smith & Prophete, LLP

Do Your Employee-Recruiting Practices Make You A White-Collar Criminal?

You need to hire some employees, and you want to pay them well, but not more than necessary. You place a call to a friend who works for one of your competitors and ask what her company is paying new hires in these positions....more

BCLP

Agencies Issue Antitrust Guidance to Human Resources Professionals

BCLP on

On October 20, 2016, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ,” collectively the “Agencies”) issued guidance for human resource professionals involved in hiring and...more

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