Trends in Antitrust: Regulation of the Labor Market Through Increased Criminal Enforcement

When we think of criminal antitrust enforcement, we often think of monopolies and widespread price-fixing schemes by behemoth-sized companies. However, over the last few years, the U.S. Department of Justice's Antitrust Division has become increasingly aggressive, particularly as it relates to alleged antitrust violations by employers of all sizes in the labor market.

In this discussion of the DOJ's renewed antitrust enforcement efforts, we will focus on recent cases involving wage fixing, no poach, and non-solicit agreements. Our presenters, Paul Coggins and Jennifer McCoy, who served as defense counsel in the DOJ's first-ever criminal wage fixing case, will also share lessons that they and their colleagues have learned trying cases against the DOJ's (markedly more aggressive) Antitrust Division. This program will benefit any litigator who counsels employers, including white collar defense and labor and employment attorneys, as well as transactional attorneys whose practice involves non-competition and other restrictive covenant agreements.

Learning Objectives:

1. Review the current antitrust enforcement landscape
   
   
2. Highlight DOJ Antitrust Division's recent focus on the labor market (including wage fixing, no poach, and non-solicit agreements)
   
   
3. Discuss lessons learned from recent trials