criminal no-poach and wage-fixing agreements Archives

4 Oct, 2021

HR and CCOs Watch Out!! — The Antitrust Division Doubles Down on Labor Market Criminal Cartel Activity

The Justice Department’s Antitrust Division has targeted collusion in labor markets for criminal prosecution. This was not unexpected. Indeed, the Antitrust Division gave plenty of warning to companies that criminal prosecutions were on the horizon. Over ten years ago, DOJ brought civil cases to stop illegal labor market collusion. Out of an abundance of caution, DOJ recognized that it wanted to provide “fair warning” of...

Podcasts

21 Feb, 2021

Episode 182 — Antitrust Division Brings First Criminal Indictments for No-Poach and Wage-Fixing Agreements

Four years ago, in 2016, the Antitrust Division and FTC issued guidance as to the application of antitrust laws to no-poaching and wage-fixing agreements between employers. The guidance stated, “Going forward, the Justice Departments intends to criminally investigate naked no-poaching or wage-fixing agreements that are unrelated or unnecessary to a larger legitimate collaboration between the employers.” The Antitrust Division has not put its money where...