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Wage-Fixing Sherman Act Enforcement Actions

Benesch

Dialysis & Nephrology Digest - May 2025

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DOJ scores first victory in criminal antitrust labor market trial - A federal jury convicted a former home healthcare staffing executive in Las Vegas for orchestrating a three-year wage-fixing conspiracy targeting...more

McDermott Will & Emery

DOJ Secures Its First-Ever Conviction in a Criminal Antitrust Labor Market Trial

McDermott Will & Emery on

On April 14, 2025, a federal jury convicted an executive in a wage-fixing conspiracy under the Sherman Act. This marks the first time, after many tries, that the US Department of Justice (DOJ) has secured a conviction in a...more

White & Case LLP

DOJ Secures First-Ever Guilty Verdict in Criminal Labor Market Antitrust Case: Conviction Also Highlights Fraud Risks in M&A Sale...

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A federal jury in Las Vegas has convicted Eduardo "Eddie" Lopez, a former executive of a home healthcare staffing company, on charges of wage-fixing and wire fraud. The conviction marks the first successful jury verdict for...more

Vinson & Elkins LLP

Wage-Fixing: An Alternative to DOJ’s No-Poach Prosecutions?

Vinson & Elkins LLP on

On April 14, 2025, the Department of Justice (“DOJ”) obtained a high-profile “wage-fixing” conviction under the Sherman Act against a former executive of multiple home health care agencies (“HHAs”). A federal jury convicted...more

Axinn, Veltrop & Harkrider LLP

A Labor of Love: Trump DOJ Obtains First Guilty Verdict in a Criminal Labor Case

In October 2016, the Obama Administration announced that it would criminally prosecute no-poach and wage-fixing agreements among competitors for talent. Starting in December 2020, through the Trump and Biden Administrations,...more

Ballard Spahr LLP

DOJ Gives Up on Its Sole Remaining Criminal No-Poach Prosecution

Ballard Spahr LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Are the FTC and DOJ Losing Antitrust Battles but Gaining Ground?

The Department of Justice (DOJ) Antitrust Division — for the third time in the span of a year — recently failed to convince a jury that alleged agreements to fix or stabilize labor markets should be punished criminally. It...more

Amundsen Davis LLC

The DOJ’s Focus on Employer Non-Poaching Agreements Continues

Amundsen Davis LLC on

In another example of the Department of Labor (DOJ) pursuing criminal anti-trust cases against employers throughout the country, on October 27th, 2022, VDA OC, LLC (formerly Advantage On Call or AOC), a healthcare staffing...more

King & Spalding

Poultry Processors Agree to Pay $85 Million to Resolve Allegations of Wage Fixing by DOJ

King & Spalding on

After a string of losses by the Department of Justice Antitrust Division (the “Division”) in no-poach and wage fixing litigations, including a wage-fixing antitrust case in the physical therapy industry in April, the...more

Robinson & Cole LLP

Limiting Antitrust Exposure in the Employment Setting

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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

McDermott Will & Emery

Views and Lessons from the Trenches of the First Criminal No-Poach Trial

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In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel – Q4 2021

The end of 2021 continued to be a busy time for antitrust enforcers in the U.S. and around the world. Perhaps most notably, in November the Senate confirmed Jonathan Kanter to lead the U.S. Department of Justice’s Antitrust...more

The Volkov Law Group

District Court Upholds Criminal Antitrust Charges for Labor Price-Fixing

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The Antitrust Division won a preliminary skirmish against two co-defendants who challenged the criminal indictment against them charging price-fixing in the labor market. District Court Judge Mazzant, in the Eastern District...more

Epstein Becker & Green

DOJ’s First Wage Fixing Indictment Survives a Motion to Dismiss Because Court Finds Wage-Fixing Agreements are Illegal Per Se

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Within the last year, the U.S. Department of Justice (DOJ) brought its first indictments alleging criminal wage-fixing conspiracies and criminal no-poach conspiracies among competing employers. In December 2020, DOJ indicted...more

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