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DOJ Secures Its First-Ever Conviction in a Criminal Antitrust Labor Market Trial

On April 14, 2025, a federal jury convicted a home health agency executive in a wage-fixing conspiracy under the Sherman Act, marking the US Department of Justice’s first-ever criminal antitrust labor market trial conviction. This conviction marks a significant milestone in antitrust enforcement, highlighting the government’s commitment to addressing labor market wage-fixing and no-poach agreements, and underscores the need for companies to ensure compliance with antitrust laws to avoid legal risks.

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Labor Markets in the Focus of European Competition Law

The European Commission recently published a new Competition Policy Brief that classifies certain agreements related to labor markets as serious antitrust infringements.

It is essential for companies with workforces in the European Union to educate their human resources and recruiting departments on what constitutes an antitrust infringement. Further, no-poach agreements used in connection with M&A due diligence and negotiations, cooperation agreements, or joint venture situations should also be reviewed in detail to ensure they do not go beyond what is permitted.

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