Chamber Of Commerce Attacks The Constitutionality Of DOJ's Attempts To Criminalize No-Poach Agreements - Anti-trust/Competition Law
To print this article, all you need is to be registered or login on Mondaq.com. In a stark rebuke of the U.S. Department of Justice's (DOJ) ongoing effort to pursue its first-ever criminal prosecution of a company for entering into non-solicitation—or no-poach—agreements with competitors, the U.S. Chamber of Commerce (Chamber) recently filed an amicus brief assailing the constitutionality of the DOJ's indictment on due-process grounds. Background The DOJ's criminal enforcement in this area commenced only recently. In December 2020, the DOJ obtained its first crimin...