DOJ Confirms Active ‘No-Poaching’ Criminal Investigations in Healthcare and Other Industries

The Antitrust Division at the US Department of Justice (DOJ) publicly acknowledged once again last week that active criminal investigations involving “no-poaching” agreements are underway. The most recent statement clarifies that a number of these criminal investigations are targeting companies in the healthcare industry. In general, DOJ and the Federal Trade Commission (FTC) have described “no-poaching” agreements as agreements “with individual(s) at another company to refuse to solicit or hire that other company’s employees.” In addition, DOJ and the FTC are scrutinizing wage-fixing agreements, described as agreements “with individual(s) at another company about employee salary or other terms of compensation, either at a specific level or within a range.”

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