FTC Warns Law Firms of Antitrust Risk with DEI Certification Program

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  • The Federal Trade Commission issued warning letters to 42 law firms regarding potential antitrust concerns tied to participation in Diversity Lab’s “Mansfield Certification” program, citing risks of competitor coordination in labor markets.
  • In the letter, the FTC highlighted the program’s benchmark encouraging firms to consider candidate pools that are at least 30% “underrepresented” lawyers for certain leadership and promotion opportunities, and cautioned that agreements among competing employers to meet common DEI metrics could distort competition for hiring, pay, and promotions. The FTC also warned that sharing compensation and benefits information with competing firms could raise antitrust concerns.
  • While the FTC emphasized that the letter was not an accusation of illegal conduct, it urged firms to review their relationships with Diversity Lab and any competitor interactions for compliance with Section 1 of the Sherman Act and Section 5 of the FTC Act.
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