News & Analysis as of

Criminal Liability Antitrust Violations

Epstein Becker & Green

DOJ Seeks to Dismiss Its Last Pending No-Poach Criminal Action

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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

Eversheds Sutherland (US) LLP

Competition authorities crackdown on employment markets: a new era for cartels

At the end of last year, the US Department of Justice (DOJ) secured a guilty plea for wage fixing, resulting in its first criminal conviction with Assistant Attorney General Jonathan Kanter saying: “[t]oday’s guilty plea...more

Barnea Jaffa Lande & Co.

2022: Antitrust and Competition in Israel – A Year in Review

2022 was an intensive year in competition law. Material issues to the competition agenda were addressed in precedential determinations and rulings by the Competition Authority and by Israeli courts. These issues include...more

Williams Mullen

What’s Next for Health Care Antitrust in 2023?

Williams Mullen on

In 2021, President Biden issued an Executive Order directing antitrust enforcers to make sure that health care would be an area of emphasis for antitrust enforcement, and in 2022 they did. Federal regulators brought several...more

McDermott Will & Emery

Cartel Corner - August 2022 (Labor Markets)

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The DOJ continues its efforts to create a novel area of potential criminal liability for labor market investigations. Historically, government enforcement of alleged anticompetitive labor market practices occurred in the...more

Wiley Rein LLP

[Webinar] China Data Protection Legislation in the Making: Implications Beyond China’s Borders - June 29th, 2:00 pm - 3:00 pm EDT

Wiley Rein LLP on

China's draft Personal Information Protection Law (PIPL) has just gone through the second reading and is now near final form and expected to be finalized very soon. Once promulgated, it will be the first comprehensive law on...more

McDermott Will & Emery

[Ongoing Program] Japan Webinar Series - Session 4: Trade Policy Outlook - June 3rd, 11:00 am - 12:00 pm JST

McDermott Will & Emery on

McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021. This...more

McDermott Will & Emery

[Ongoing Program] Japan Webinar Series - Session 3: Global Internal Investigations - June 1st, 11:00 am - 12:00 pm JST

McDermott Will & Emery on

McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021. This...more

McDermott Will & Emery

[Ongoing Program] Japan Webinar Series - Session 2: Compliance: How Will The United States DOJ View Your Compliance Program, And...

McDermott Will & Emery on

McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021. This...more

McDermott Will & Emery

[Ongoing Program] Japan Webinar Series - Session 1: Global Antitrust Developments - May 20th, 11:00 am - 12:00 pm JST

McDermott Will & Emery on

McDermott is committed to provide insightful legal developments around the world to our Japanese clients. In light of that effort, Japan Webinar Series will be held between Thursday, May 20 – Thursday, June 3, 2021. This...more

The Volkov Law Group

Antitrust Division Charges Health Care Staffing Company with Criminal Wage-Fixing and No-Poaching Agreement

The Volkov Law Group on

The Justice Department’s Antitrust Division is pushing criminal enforcement against companies for illegal wage-fixing among competitors in the hiring market. ...more

Cadwalader, Wickersham & Taft LLP

DOJ Brings First Criminal “No-Poach” and “Wage-Fixing” Prosecutions; New Focus on Labor Market Prosecutions

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

Littler

Protection for Criminal Antitrust Whistleblowers Signed into Law

Littler on

Largely overshadowed by the rise in COVID-19 deaths and the January 6, 2021, siege on the Capitol, the Criminal Antitrust Anti-Retaliation Act of 2019 (“the Act”) became law on December 23, 2020. See 15 U.S.C. § 7a-3....more

Cozen O'Connor

Antitrust Enforcers Lodge First Criminal Indictment for Violation of No-Poach Agreement

Cozen O'Connor on

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

Mintz - Antitrust Viewpoints

DOJ Continues its Enforcement Efforts Against Anticompetitive Conduct in Labor Markets, Charges Health Care Company for No-Poach...

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

Pullman & Comley, LLC

Competitor "No Poach Agreements" Can Lead to Criminal Prosecutions, Fines and Jail Time

Pullman & Comley, LLC on

“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

Mintz - Antitrust Viewpoints

DOJ Announces Indictment of Former Owner of Health Care Staffing Company for Wage Fixing

Yesterday the Department of Justice announced that a federal grand jury indicted Neeraj Jindal, the former owner of a therapist staffing company in north Texas, for his participation in a conspiracy to fix the wages of...more

BakerHostetler

[Webinar] State Attorneys General - Antitrust and White-Collar Investigations - What You Should Know - October 30th, 1:00 pm ET

BakerHostetler on

BakerHostetler invites you to join us for an upcoming webinar, State Attorneys General - Antitrust and White-Collar Investigations - What You Should Know, offering vital insights into antitrust issues and white-collar...more

Cozen O'Connor

III-42-The New Overtime Rule and Antitrust Issues With Your Non-Competes

Cozen O'Connor on

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

PilieroMazza PLLC

No-Poaching Agreements: You Could Be Criminally Liable

PilieroMazza PLLC on

Earlier this year, the Department of Justice’s Antitrust Division (DOJ) issued the Antitrust Guidance for Human Resource Professionals (DOJ Guidelines), which signaled for the first time that DOJ would “proceed criminally...more

Mintz - Employment Viewpoints

DOJ Targets No-Poach Agreements Among Competitors

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

Foley & Lardner LLP

Department of Justice Brings the First Employment-Related Antitrust Case Since the October 2016 Guidance Statement

Foley & Lardner LLP on

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

Foley & Lardner LLP

Can Hiring Away a Competitor’s Employees Be an Antitrust Problem?

Foley & Lardner LLP on

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

Epstein Becker & Green

No-Poaching Agreements Under DOJ’s Microscope: Criminal Indictments May Be Next

Epstein Becker & Green on

In October 2016, the Antitrust Division of the U.S. Department of Justice (“DOJ”) and the Federal Trade Commission jointly issued their Antitrust Guidance for Human Resource Professionals (“Guidance”). As stated in its...more

Arnall Golden Gregory LLP

A Review of the DOJ/FTC’s Antitrust Guidance for Human Resource Professionals

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

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