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In United States v Jindal, the Court found that the DOJ indictment could stand only if it alleged a per se violation of the Sherman Act. The judge concluded that a wage-fixing agreement is simply a form of price-fixing agreement, and is thus illegal per se.
per se theory , this will significantly lighten the government’s burden of proof because it assumes the anticompetitive and unlawful character of the agreement. In civil enforcement cases and statements of interest, DOJ has consistently argued that no-poach and wage-fixing agreements are illegal per se. Although DOJ has obtained several consent decrees which indicate that such agreements are illegal per se, civil cases generally resolve through settlement, and as the 2019 decision in In re Railway Ind. Employee No-Poach Litigation (W.D. Pa No. 18-798) recognizes, the law on this issu...