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Federal Trade Commission (FTC) Wage-Fixing Enforcement Actions

McDermott Will & Emery

DOJ Secures Its First-Ever Conviction in a Criminal Antitrust Labor Market Trial

McDermott Will & Emery on

On April 14, 2025, a federal jury convicted an executive in a wage-fixing conspiracy under the Sherman Act. This marks the first time, after many tries, that the US Department of Justice (DOJ) has secured a conviction in a...more

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

Holland & Knight LLP

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

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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

K&L Gates LLP

DOJ Jettisons Its Last Criminal No-Poach Prosecution, but Antitrust Scrutiny of Labor Markets is Here to Stay

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Nearly seven years after first announcing its intent to criminally prosecute employers and individuals for anticompetitive conduct in labor markets, the Department of Justice Antitrust Division (DOJ or Division) voluntarily...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

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Lowenstein Sandler LLP

FTC Proposes to Ban Employee Noncompete Agreements – January 31, 2023 Update

Lowenstein Sandler LLP on

Updated as of January 31, 2023- The Federal Trade Commission (“FTC”) proposed a rule (the “Proposed Rule”) that would prohibit companies from imposing post-employment noncompete agreements. If enacted, the Proposed Rule...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

Epstein Becker & Green

Antitrust Enforcers Continue March to Protect Labor Markets in Health Care and Other Industries

Epstein Becker & Green on

On January 28, 2022, a federal grand jury in Maine returned an indictment charging four managers of home health care agencies with participating in a conspiracy to suppress the wages and restrict the job mobility of Personal...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel – Q4 2021

The end of 2021 continued to be a busy time for antitrust enforcers in the U.S. and around the world. Perhaps most notably, in November the Senate confirmed Jonathan Kanter to lead the U.S. Department of Justice’s Antitrust...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - August 2021

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.  In this edition, we discuss a recent Florida district court case involving prosecutorial misconduct resulting...more

Bressler, Amery & Ross, P.C.

DOJ Brings Criminal Enforcement Actions related to No-Poaching and Wage-Fixing Agreements

Employers who have entered into “no-poaching” agreements may find themselves criminally indicted for violating U.S. antitrust laws. Following up on previously issued guidance from the U.S. Department of Justice (“DOJ”) and...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

Sheppard Mullin Richter & Hampton LLP

Taboola the Latest Target of DOJ’s Aggressive Antitrust Scrutiny of Hiring Practices

The Department of Justice, Antitrust Division (“DOJ”) continues to investigate hiring practices in a number of industries for potential antitrust violations as part of its effort to scrutinize, and in some instances,...more

Cadwalader, Wickersham & Taft LLP

DOJ Brings First Criminal “No-Poach” and “Wage-Fixing” Prosecutions; New Focus on Labor Market Prosecutions

What happened? The Department of Justice’s Antitrust Division (“DOJ”) announced that, on January 5, 2021, a federal grand jury returned a two-count indictment charging Surgical Care Affiliates LLC and its related entity...more

Polsinelli

In a Busy Year of Health Care Antitrust Enforcement, DOJ’s First Criminal Wage-Fixing Prosecution Targets a Health Care Provider

Polsinelli on

Over the last several years, antitrust prosecutors at the Department of Justice have repeatedly cautioned that anticompetitive agreements affecting labor markets can be the subject of criminal prosecution under the antitrust...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

Akerman LLP - Health Law Rx

FTC Announces Settlement of Antitrust Action Against Therapist Staffing Company Accused of Fixing Therapist Wages

In the Matter of Your Therapy Source, LLC – is the most recent example of federal antitrust enforcers’ increasing interest in curtailing anticompetitive conduct in employee markets, which was first announced when the Federal...more

Jones Day

Antitrust Alert: FTC Challenges Wage-Fixing Conspiracy Between Texas Staffing Companies

Jones Day on

The Federal Trade Commission (FTC) and two Dallas therapist staffing companies have settled charges that they conspired to fix the wages of contract therapists in violation of the federal antitrust laws. This is the FTC's...more

Morgan Lewis

FTC Brings First Wage-Fixing Enforcement Action Following Joint DOJ-FTC Human Resources Guidance

Morgan Lewis on

A series of significant recent developments highlight the continuing enforcement by the US Department of Justice Antitrust Division, Federal Trade Commission, and state attorneys general regarding no-poaching and wage-fixing...more

Morgan Lewis

DOJ Confirms Active ‘No-Poaching’ Criminal Investigations in Healthcare and Other Industries

Morgan Lewis on

A series of recent statements highlight the continuing enforcement by the US Department of Justice to focus on “no-poaching” and wage-fixing agreements with more enforcement actions expected to be announced in the near...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

Vedder Price

Changing Tides in HR Antitrust: What Employers Need to Know

Vedder Price on

Human resources ("HR”) departments have historically had little reason to hold antitrust law top of mind, as there was little in the way of enforcement activity concerning personnel issues. In recent years, however,...more

Cooley LLP

Alert: Antitrust 2018: Trends and Developments to Watch

Cooley LLP on

1. Trump’s appointments set the antitrust agenda for 2018 - Almost a year into the Trump Administration, leadership at the Department of Justice Antitrust Division is now set. The Senate confirmed Makan Delrahim as...more

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