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February 4, 2021
A former employee of Surgical Care Affiliates, under a psuedonym, filed a putative class action complaint against his former employer and UnitedHealth, alleging that the company conspired with others to restrain competition among the labor market for senior-level employees of the companies, resulting in lower pay. The suit comes a month after the Department of Justice indicted Surgical Care arising from the same alleged scheme. The complaint was filed in the Northern District of Illinois.
The other companies said to be involved in the collusion are not named in the complaint, but are defendants in the case, listed as John Does 1-10. Referring to the criminal indictment, the complaint does mention a “Company A” and a “Company B” as being involved. The plaintiff alleged that three companies, all competitors, entered into “no-poach” agreements concerning senior employees from at least 2010 until 2017.