Ensuring Antitrust Compliance In Employee Recruitment And Compensation:

 On October 20, 2016, the Department of Justice Antitrust Division ("DOJ") and Federal Trade Commission ("FTC") (the "Antitrust Agencies") jointly issued guidance on the application of U.S. antitrust laws to human resource functions related to employee recruitment and compensation (the "Guidance"). Emphasizing the importance of maintaining a competitive work force, the antitrust agencies highlighted specific agreements and practices that are typically unlawful:

• agreeing with other employer(s) on the level or range of salaries or other terms of compensation
• agreeing not to solicit or hire each other's employees (so-called "no-poaching agreements")
• exchanging information on compensation or other terms of employment where it has, or is likely to result in lower compensation or fewer employment opportunities.