The U.S. Department of Justice (DOJ) has been going after employers with so-called no-poach agreements but lost a recent high-profile case against DaVita Inc. involving a claim of such an agreement. We've gathered articles on the news from SHRM Online and other media outlets.
"Many of us in the defense bar have questioned the wisdom of the Antitrust Division's fixation on so-called 'labor market cases' and resource expenditures to try to find and bring criminal no-poach cases," said Ann O'Brien, an attorney with BakerHostetler in Washington, D.C., and Philadelphia and former assistant chief of the Competition & Advocacy Section and special counsel for Criminal Policy at the DOJ.
"What we are seeing in these trial defeats for the Antitrust Division is the culmination of a years-long effort to find 'labor market' cases and push the boundaries of Section 1 of the Sherman Act to criminalize conduct that has never before been treated as per se criminal conduct. Juries have spoken, as have judges in their jury instructions, and they do not agree," she said.
Company and CEO Found Not Guilty
A jury found DaVita not guilty of claims that it violated federal antitrust law by engaging in "no-poach" agreements with competitors—another blow for regulators seeking to boost enforcement of anti-competitive hiring practices. The company's former CEO, Kent Thiry, also was found not guilty of the same charges by jury in the criminal trial in the U.S. District Court for the District of...
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