News & Analysis as of

Wage-Fixing New Guidance

BCLP

CMA Hits Accelerator on Enforcement of UK Labour Markets

BCLP on

Whilst not traditionally a focus of the Competition and Markets Authority (“CMA”), the UK’s labour markets now form one of the CMA’s strategic priorities, as outlined in its 2023 to 2024 Annual Plan....more

Latham & Watkins LLP

Restrictive Covenant Crackdown Poses New Challenges for M&A Deal Teams

Latham & Watkins LLP on

Corporates and deal teams should pay careful attention to drafting non-competes and other restrictive arrangements as UK, EU, and US regulators step up enforcement. Regulators on both sides of the Atlantic are placing...more

Orrick, Herrington & Sutcliffe LLP

The Competition and Markets Authority Issues New Guidance on Avoiding Anti Competitive Behaviour for Employers

The Competition and Markets Authority (the “CMA”) has published new guidance for UK employers on how to avoid anti-competitive behaviour. The aim of this is to ensure staff are paid fairly for their work and can opt to move...more

Littler

Canada’s Competition Bureau Publishes Draft Guidelines for Enforcement of New “Wage-Fixing Agreement” and “No-poach Agreement”...

Littler on

When Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent in June 2022, it amended Canada’s Competition Act (Act) by including a new provision, s. 45(1.1), which comes into force on June 23, 2023.  Section...more

Stikeman Elliott LLP

Competition Bureau Publishes New Draft Enforcement Guidelines on Wage-Fixing and No Poaching Agreements

Stikeman Elliott LLP on

On January 18, 2023, the Competition Bureau published draft enforcement guidelines on wage-fixing and no poaching agreements, inviting interested parties to provide their comments no later than March 3, 2023. The draft...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

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

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

Foley & Lardner LLP

Six Tips to Help HR Professionals Avoid Criminal Antitrust Liability Under New DOJ/FTC Guidance

Foley & Lardner LLP on

On October 20, the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) jointly issued antitrust guidance for human resources professionals. The agencies also released a list of high-level red flags for the...more

Miles & Stockbridge P.C.

U.S. Antitrust Agencies Issue Guidance for HR Professionals & Announce Intention to Criminally Prosecute Wage-Fixing and “No...

Miles & Stockbridge P.C. on

The U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) (collectively the “Agencies”) have issued new Antitrust Guidance for Human Resource Professionals. The new Guidance is designed to “alert human resource...more

Franczek P.C.

DOJ, FTC Announce Plans to Criminally Prosecute Employers That Enter into Wage-Fixing or No-Poaching Agreements

Franczek P.C. on

In the fiercely competitive market for talent, human resources personnel and recruiters inevitably feel the competing pressures of offering compensation packages that are attractive to potential employees and keeping costs...more

Sheppard Mullin Richter & Hampton LLP

Antitrust Agencies Issue Guidance To HR Professionals Regarding Hiring and Compensation Decisions

The U.S. Antitrust Agencies (the Antitrust Division of the Department of Justice and the Federal Trade Commission) recently issued a document entitled “Antitrust Guidance For Human Resource Professionals” intended to alert HR...more

FordHarrison

DOJ Publishes Antitrust Guidance for HR Professionals Relating to No-Poaching and Wage-Fixing Agreements

FordHarrison on

In a series of investigations and subsequent court actions, HR professionals have been identified as being potential targets for investigation of allegations of violations of antitrust laws related to employment practices,...more

Pillsbury Winthrop Shaw Pittman LLP

Employers Beware - DOJ and FTC Issue Antitrust Guidance to HR Professionals

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...more

Seyfarth Shaw LLP

Antitrust Guidance for HR Professionals Raises Prospect of Criminal Prosecutions

Seyfarth Shaw LLP on

The Antitrust Guidance for Human Resource Professionals issued by the U.S. Department of Justice (DOJ) and Federal Trade Commission (FTC) on October 20, 2016 is not a change in law, but it is a fair warning to human resources...more

Jackson Walker

Department of Justice and Federal Trade Commission Issue Antitrust Liability Guidance for Human Resource Executives

Jackson Walker on

In late October, the Federal Trade Commission and the Antitrust Division of the United States Department of Justice warned human resources professionals that so-called “no-poaching” agreements, in which companies agree not to...more

Littler

DOJ and FTC Release Antitrust Guidance for HR Professionals

Littler on

Employment lawyers and human resources professionals, take note:  In 2016, in addition to knowing the ins and outs of labor and employment law, the federal government and its enforcement entities expect that you have more...more

WilmerHale

FTC/DOJ Guidance to Human Resource Professionals - Enforcement Scrutiny of Employment-Related Conduct

WilmerHale on

Last month, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued their Antitrust Guidance for Human Resource Professionals. The HR Guidance reflects the agencies' enhanced scrutiny in a realm that may not...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Wage-Fixing, No-Poaching Agreements to Be Prosecuted Criminally Under New Guidance"

On October 20, 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued new guidance designed to help human resources professionals and their companies understand...more

Bass, Berry & Sims PLC

HR Personnel (and Employers) Beware: Antitrust Enforcers Warn of Criminal Liability For Compensation, No-Poaching Pacts

Bass, Berry & Sims PLC on

Human Resources (HR) personnel are now specifically under the scrutiny of the antitrust enforcement agencies. The Department of Justice (DOJ) and Federal Trade Commission (FTC) are typically known for enforcing antitrust laws...more

BCLP

Agencies Issue Antitrust Guidance to Human Resources Professionals

BCLP on

On October 20, 2016, the Federal Trade Commission (“FTC”) and the Antitrust Division of the Department of Justice (“DOJ,” collectively the “Agencies”) issued guidance for human resource professionals involved in hiring and...more

Bradley Arant Boult Cummings LLP

Attention HR: The Antitrust Laws Apply To You Too!

Human resources professionals keep track of a number of laws and regulations administered by several different agencies. For the most part, HR departments have given little attention to federal antitrust law compliance. After...more

Stinson LLP

Federal Regulators to HR Professionals: Remember that the Antitrust Laws Apply to Employment Too

Stinson LLP on

The Department of Justice and the Federal Trade Commission jointly issued an Antitrust Guidance for Human Resources Professionals on October 20, 2016. The DOJ and FTC’s guidance follows several highly publicized...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

The New Antitrust Guidance: DOJ and FTC Offers Direction to HR Professionals

On October 20, 2016, the Department of Justice (DOJ) Antitrust Division and Federal Trade Commission issued a guidance aimed at alerting human resources professionals on potential violations of the antitrust laws. According...more

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