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ARTICLE · 13 AUGUST 2026

Judge Considers Class Certification In No-Poach Agreement Challenge

A federal judge weighs whether to certify a class action brought by senior healthcare workers who allege that no-poach agreements between major healthcare providers artificially suppressed their wages through coordinated recruitment restrictions and confidential wage data sharing. The case raises critical questions about market definition, class commonality, and the scope of antitrust liability when multiple separate agreements affect diverse employee groups.

United StatesAntitrust/Competition Law

An Illinois federal judge is considering whether to certify a class of former senior-level healthcare workers in their claim that no-poach agreements among various providers resulted in their being paid lower wages. The healthcare providers at issue include DaVita, UnitedHealth Group’s Surgical Care Affiliates (SCA), and United Surgical Partners International (USPI), the ambulatory surgery arm of Tenet Healthcare Corp. The case is In re: Outpatient Medical Center Employee Antitrust Litigation, Case Number 1:21-cv 00305, U.S. District Court for the Northern District of Illinois.

The two no-poach agreements at issue in this case prevented SCA and DaVita, as well as SCA and USPI, from recruiting each other’s senior employees. The agreements also required employees to advise their supervisors before applying for jobs at the other companies. According to the workers, the companies also shared confidential wage data, including future raises, which caused the suppression of their wages.

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