(L-R) Zachary Terwilliger is a partner, Lindsey Vaala is counsel and Rami Rashmawi is an associate in Vinson & Elkins' Washington, D.C. office. Courtesy photos DOJ Aggressively Pursuing 'No Poachers'
Companies should expect that the DOJ's Antitrust Division will continue to investigate and criminally pursue no-poach agreements. It is thus more important than ever that companies undertake deliberate efforts to minimize liability and prevent no-poach conduct before it happens.
March 02, 2022 at 03:28 PM
6 minute read
Commentary
On Jan. 28, the U.S. District Court for the District of Colorado declined to dismiss a criminal antitrust indictment alleging a dialysis operator, DaVita, and its former CEO colluded with competitors by agreeing not to recruit or "poach" each others' employees. The same day, the Department of Justice announced yet another "no-poach" indictment—this time accusing four owners and managers of home health care agencies of allegedly conspiring to fix the rates paid to their workers and to refrain from hiring each others' employees. These events are the latest in a string of criminal enforcement actions brought by the DOJ for alleged "no-poach" agreements and emphasizes the DOJ's focus on competition in labor markets and effects on workers.
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