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ARTICLE · 22 APRIL 2022

Despite Trial Setbacks, DOJ Likely To Push Forward With Employment-Related Antitrust Prosecutions

Buchanan Ingersoll & Rooney
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Juries in Texas and Colorado dealt rare losses to the Antitrust Division of the Department of Justice (DOJ) in its effort to ramp up antitrust enforcement in...

United StatesAntitrust/Competition Law
Wendelynne J Newton
Wendelynne J Newton
Carrie G. Amezcua
Carrie G. Amezcua
Mark A. Kasten
Mark A. Kasten
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Juries in Texas and Colorado dealt rare losses to the Antitrust Division of the Department of Justice (DOJ) in its effort to ramp up antitrust enforcement in so-called "labor markets," i.e., the competition for recruiting and retaining employees, specifically regarding purported agreements among companies to fix employee wages or not to solicit or hire certain employees (no-poach agreements). On April 14, 2022, in United States v. Jindal, a jury in the Eastern District of Texas found two defendants not guilty of violating antitrust laws by agreeing with competitors on the wages they would pay their employees. The next day, DaVita, Inc. and its former CEO were found not guilty by a District of Colorado jury of violating the antitrust laws by engaging in employee no-poach agreements.

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