On October 20, 2016, the United States Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) jointly issued “Antitrust Guidance for Human Resource Professionals” (the “Guidance”) to educate HR professionals about the application of antitrust laws to certain hiring and compensation practices and to suggest means for mitigating such antitrust risk in the employment context. Employers are well advised to follow this Guidance, as these federal antitrust enforcement agencies make clear their intentions to pursue, in appropriate cases, criminal and civil prosecutions of both individuals and companies for such antitrust violations.
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