To embed, copy and paste the code into your website or blog: The Department of Justice (DOJ) Antitrust Division has obtained its first criminal indictment based on an illegal conspiracy between two companies that agreed not to solicit each other’s employees — a so-called “no-poach” agreement. This marks a significant milestone — although the Antitrust Division has warned since 2016 that it would begin criminally prosecuting unlawful no-poach agreements, it has taken only civil action, until now. On January 7, 2021, the Division announced that Surgical Care Affiliates LLC (SCA), a surgical outpatient services company, had been charged with violating the federal antitrust laws for agreeing with its competitors not to solicit and hire each other’s senior-level employees.