#WorkforceWednesday: ACA Preventive Coverage Mandate Blocked, Another No-Poach Loss for DOJ, and Employers Prepare for the End of the COVID-19 Emergencies - Employment Law This Week®
Taking the Pulse, A Health Care and Life Sciences Podcast | Episode 100: Marguerite Willis, Nexsen Pruet Attorney
What the FTC’s investigation of McKinsey means for consultants tasked to compare wages or pricing - On July 23, 2024, the Federal Trade Commission (FTC) announced that it has issued inquiries to McKinsey & Co. and seven...more
In May 2024, the European Commission published a Competition Policy Brief classifying certain agreements related to labor markets as serious antitrust infringements. According to the Commission, so-called wage-fixing and...more
Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more
In 2023, the DOJ continued its aggressive criminal antitrust enforcement agenda in health care, with mixed results in labor markets. In speeches, the DOJ asserted that its commitment to labor market cases has not diminished,...more
Summary - Following a string of unsuccessful prosecutions in the labor space, the DOJ Antitrust Division moved this week to dismiss its last indicted criminal no-poach case, which had been pending against Surgical Care...more
At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...more
Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more
In late March, attendees gathered in Washington, D.C., for the ABA Antitrust Law Section’s 71st Annual Spring Meeting, including officials from state, federal and international antitrust enforcement agencies. These enforcers...more
The UK Competition and Markets Authority has signalled its interest in bringing enforcement actions in the labour market by issuing guidance to employers on competition law compliance. The guidance warns employers that...more
Last year, the Competition Act was amended to make it a criminal offense for two or more unrelated employers to enter into wage-fixing or no-poaching agreements. As we discussed last summer, these new provisions come into...more
On August 17, 2022, Canada's Federal Court of Appeal agreed with a growing consensus of lower courts that section 45 of the Competition Act does not apply to "buy-side" conspiracies, such as agreements between employers with...more
The U.S. Department of Justice (DOJ) recently recognized the first anniversary of President Biden’s Executive Order on Promoting Competition in the American Economy (EO) and “celebrated the Antitrust Division’s most...more
In what has commonly been referred to as the “Great Resignation,” nearly 50 million people voluntarily resigned from their jobs in 2021. The majority of those resigning sought a higher paying or better opportunity with...more
Since the last edition of the QCC, there has been a series of dramatic developments in the criminal antitrust enforcement space in the U.S. from the Department of Justice’s Antitrust Division (Division)....more
Over the past year, the Department of Justice (“DOJ”) has increasingly been hot on the heels of suspected anti-competitive labor violations. To date, the DOJ has brought a few actions against employers across industries...more
The European Commission (Commission) is accepting public comment on its proposed revisions to European Union regulations and guidance on common competitor cooperation arrangements, which are due to expire on 31 December 2022....more
As the Biden Administration enters its second year, the White House and antitrust enforcers at the Department of Justice (DOJ) and the Federal Trade Commission (FTC) continue to focus on the intersection between antitrust and...more
In July of 2021, President Biden issued Executive Order 14036, which affirmed the executive branch’s policy to enforce antitrust laws. Two aspects of the Order relate directly to employment law...more
The Justice Department’s Antitrust Division has targeted collusion in labor markets for criminal prosecution. This was not unexpected. Indeed, the Antitrust Division gave plenty of warning to companies that criminal...more
Takeaways - ..The Biden administration’s recent executive order takes a hard line on limits to employment mobility, such as non-compete agreements. ..No-poach agreements—companies agreeing not to recruit each other’s...more
AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. In this edition, we discuss a recent Florida district court case involving prosecutorial misconduct resulting...more
On July 9, 2021 President Biden signed a sweeping executive order aimed at promoting competition in the United States by calling on federal agencies to promptly address what the administration views as “some of the most...more
The Criminal Antitrust Anti-Retaliation Act establishes new federal protections for whistleblowers who report violations of antitrust laws. This may impact enforcement efforts and litigation on labor mobility issues,...more
Over the last several years, antitrust prosecutors at the Department of Justice have repeatedly cautioned that anticompetitive agreements affecting labor markets can be the subject of criminal prosecution under the antitrust...more
On April 13, 2020, the Department of Justice’s Antitrust Division and the Federal Trade Commission’s Bureau of Competition released a joint statement and press release regarding “competition in labor markets” and potential...more