It is important to educate company executives, managers and employees generally about the possible antitrust risks inherent in their respective roles. (Photo: Shutterstock)
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 emphasize the DOJ's focus on competition in labor markets and its effects on workers.
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