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European Commission delivered a speech addressing the EU’s current policy when addressing cartels, potential changes to the Commission’s leniency program, and recent dawn-raid efforts. Most notably, Vestager spoke about so-called no-poach agreements. ....
Attorney General James Ends Harmful Labor Practices at One of Nation's Largest Title Insurance Companies, Puts in Place Policies to Protect Workers ny.gov - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from ny.gov Daily Mail and Mail on Sunday newspapers.
Tuesday, May 11, 2021 1. Introduction Labor market concentration and its potential effects on workers is a topic increasingly debated among antitrust practitioners and academics. The potential link between labor market concentration and lower wages has led to questions of whether and how labor issues should inform merger review and, more broadly, antitrust investigations. Covid-19 has strained some industries (such as airlines) and may result in consolidation of some employers, further raising labor market concentration concerns. This article describes some of the current research regarding labor concentration and its impact on workers, how labor concentration issues are being raised in the courts, and how economic analysis can inform antitrust inquiry moving forward. ....
Thursday, April 22, 2021 The past few years have seen increased scrutiny of practices and agreements (and employers that use them) that are viewed by some as anti-competitive, including no-poach agreements and non-solicitation agreements. The scrutiny is not limited to California regulators and courts, nor is this a matter limited to civil litigation. In January 2021, the Department of Justice (“DOJ”) initiated its first-ever criminal case involving “no-poach” agreements. ( U.S. v. Surgical Care Affiliates LLC et al., 3:21-cr-00011.) The indictment, which follows an investigation conducted by the DOJ’s Antitrust Division, alleges that Surgical Care Affiliates LLC (and its successor entity, Scai Holdings, LLC) entered into agreements with at least two other competing healthcare companies whereby they would not recruit or solicit the other’s senior-level employees. Historically, such agreements were the target of ....
Wednesday, February 10, 2021 Two recent federal criminal indictments have captured the attention of both antitrust and employment lawyers, as well as the legal and business community nationwide. The cases – both in the U.S. District Court for the Northern District of Texas – demonstrate that the U.S. Department of Justice is escalating its focus on so-called wage-fixing and no-poach agreements. This is an important development to be aware of because (1) the Department of Justice treats wage-fixing and no-poach agreements as per se illegal, meaning that they violate the law regardless of whether there is any anti-competitive effect, and (2) companies may be held liable for these agreements even if they are formed between lower-level employees. ....