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As we discussed earlier this year, the U.S. Department of Justice (“DOJ”) in recent years has brought numerous criminal prosecutions against companies accused of engaging in so-called “naked” no-poach agreements, i.e.,...more
In an important judgment handed down on 29 June 2023 (Case C-211/22), the Court of Justice of the European Union (the "CJEU") ruled that a vertical agreement to fix minimum prices does not necessarily constitute a restriction...more
Over the past several years, U.S. antitrust agencies have renewed enforcement focus on labor issues, including agreements involving employee hiring and compensation. These include agreements by horizontal competitors to set...more
Federal regulators are taking an increasingly hard line on what are normally ordinary business operations that regulators view as suppressing wages and competition. Antitrust issues can arise in every aspect of your...more
The Justice Department’s Antitrust Division is pushing criminal enforcement against companies for illegal wage-fixing among competitors in the hiring market. ...more
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
The Department of Justice (DOJ) is carrying out its promise to prosecute illegal “no-poach” agreements between companies. Until last week, DOJ had brought only civil enforcement actions against companies that have allegedly...more
Last week, the Department of Justice (“DOJ”) announced the criminal indictment of Surgical Care Affiliates LLC (“SCA”), an Alabama- and Illinois-based company, which owned and operated outpatient medical centers around the...more
“No poach” agreements -- agreements between two or more competitors that neither will recruit or hire the other’s employees – have long been held to violate the antitrust laws. The United States Justice Department and...more
Price-fixing cases over the past decade have read like a virtual electronics product materials list. Government investigators and civil plaintiffs have pursued actions involving a wide array of electronic parts ranging from...more
This episode outlines the key components of the U.S. Department of Labor’s new proposed overtime rule. Also, antitrust attorney David Reichenberg joins to discuss the antitrust issues that cannot be ignored when looking at...more
On April 3, 2018, the Department of Justice Antitrust Division (“DOJ” or “Antitrust Division”) filed an antitrust complaint against Knorr-Bremse AG (“Knorr”) and Westinghouse Air Brake Technologies Corporation (“Wabtec”) for...more
In October 2016, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued a guidance statement about the application of antitrust laws to hiring and compensation decisions. Antitrust laws, the...more
A senior sales executive for your biggest competitor is looking to jump ship, and wants to join your company. Your management is thrilled. Not only will your company gain a talented salesperson with industry knowledge and...more
In October 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) issued an eleven-page joint guidance document entitled “Antitrust Guidance for Human Resource Professionals”...more
On October 20, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued antitrust guidance for human resources professionals. The agencies also released a list of high-level red flags for the...more
Human Resources (HR) personnel are now specifically under the scrutiny of the antitrust enforcement agencies. The Department of Justice (DOJ) and Federal Trade Commission (FTC) are typically known for enforcing antitrust laws...more
The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) have jointly issued written guidance for human resource (HR) professionals on how antitrust law applies to employee hiring and...more