News & Analysis as of

Hiring & Firing Antitrust Division Competition

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
Vedder Price

Mark Meador Confirmed as FTC Commissioner

Vedder Price on

On April 10, 2025, the Senate confirmed Mark Meador to serve as the third Republican on the Federal Trade Commission (FTC) in a 50-46 party line vote. Commissioner Meador takes his seat on a Commission now comprised of three...more

BakerHostetler

FTC Launches Task Force To Investigate and Prosecute ‘Unfair’ No-Poach, Noncompetes and Other Labor-Market Practices

BakerHostetler on

The Federal Trade Commission (FTC) will continue its focus on “unfair” competition in the labor markets – including the use of noncompete, no-poach and no-hire agreements – albeit with a seemingly more targeted approach than...more

McCarter & English, LLP

Antitrust Guidelines for Worker-Related Business Practices: How to Stay on the Right Side of Antitrust Hiring Laws During the...

The Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) (together, the Agencies) issued Antitrust Guidelines for Business Activities Affecting Workers (2025 Guidelines) in January. The 2025...more

WilmerHale

Balancing Act: Navigating Nuances in Labor Market Enforcement

WilmerHale on

In recent years, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) have significantly ramped up enforcement efforts in labor markets. This article delves into two key enforcement...more

Goodwin

US Antitrust Agencies Release Revised Draft Merger Guidelines

Goodwin on

On July 19, 2023, the Federal Trade Commission (FTC) and the Antitrust Division of the Department of Justice (DOJ) (each an Agency, and collectively, the Agencies) released a long-awaited draft version of revised Merger...more

BCLP

Back to the Future: Antitrust Agencies Announce New Draft Merger Guidelines

BCLP on

On July 19, 2023, the Federal Trade Commission and Department of Justice, Antitrust Division (together, the “Agencies”) announced new draft Merger Guidelines (“Draft Guidelines”), which detail the analysis the Agencies will...more

Skadden, Arps, Slate, Meagher & Flom LLP

DOJ Suffers Rare Acquittal From the Bench in Fourth Criminal No-Poach Loss

In the latest setback in the Department Justice Antitrust Division’s (DOJ) attempts to prosecute “no-poach” agreements criminally, a federal judge acquitted from the bench all six defendant employees of aerospace engineering...more

Foley Hoag LLP - White Collar Law &...

The DOJ Gets the Green Light in its Latest No-Poach Criminal Prosecution

It has been a tumultuous year for the Department of Justice (“DOJ”) and its recent no-poach criminal prosecution strategy. No-poach agreements, which are arrangements between companies that place restrictions on the hiring...more

Vinson & Elkins LLP

DOJ's Aggressive Pursuit of 'No Poachers'

Vinson & Elkins LLP on

On January 28, 2022, the United States District Court for the District of Colorado declined to dismiss a criminal antitrust indictment alleging a dialysis operator, DaVita Inc. (“DaVita”), and its former CEO colluded with...more

Vinson & Elkins LLP

Prominent Services Contractors Ensnared in No-Poach Class Action

Vinson & Elkins LLP on

For many federal government contractors, their skilled and experienced workforce may be their most valuable asset. A recent “ice breaker” settlement of a class action lawsuit, however, demonstrates the wrong way to protect...more

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