ME trial reminiscent of DaVita anti-poaching case that also ended in acquittal; DOJ strategy questioned -

In Apr. 2022, juries in TX and CO acquitted healthcare companies charged by the DOJ’s Antitrust Division. In the CO case, DaVita and its former CEO were found not guilty of conspiring with other companies not to hire each other’s top executives. A jury in ME returned not guilty verdicts to all counts against four operators of home health agencies they conspired to restrict trade in violation of the Sherman Act. Since the Antitrust Division began a crackdown on alleged wage-fixing and no-poach agreements, the DOJ only has a single conviction for lying to investigators to show for it. A legal expert suggests juries may be reluctant to convict individuals in these sorts of cases, as they may believe the charges don’t warrant jail time. As well, conspiracies can be difficult to prove without credible insider evidence. Despite the setbacks, the DOJ is forging ahead, with DaVita at the center of another no-poaching case in IL involving Surgical Care Associates and Tenet Healthcare.