Employers Should Be Wary Of Serious Antitrust Risks Of “No-Poach” Arrangements

The U.S. Department of Justice (“DOJ”) is making good on its warnings to pursue criminal antitrust charges against employers entering into so-called “no-poach” arrangements with competitors, including arrangements not to hire or solicit each other’s employees or to fix wages.  Criminal violations carry the potential for fines of $100 million or more and jail time for individual defendants, and recent civil cases have resulted in hundreds of millions of dollars in settlements.

Scrutiny in this […]

By | June 3rd, 2021 ||

A Comparison Of Proposed Antitrust Legislation In 2021: Federal And New York State

Debate about legislative reform to the antitrust laws continues to intensify. 2021 has seen the introduction of not only federal bills, but also significant changes proposed at the state level, such as in New York. Some proposals have the potential to radically alter the current legal landscape; while it is unclear if any of the pending legislation will ultimately become law, support for some level of change across political parties is growing. This article […]

By | March 21st, 2021 ||

DOJ Antitrust Division AAG Proposes New SRO For Digital Markets

On his last day in office, DOJ Antitrust Division Assistant Attorney General Makan Delrahim proposed to policymakers and antitrust enforcers the creation of a hybrid public/private digital oversight model that he dubbed the Digital Markets Rulemaking Board (the “DMRB”).

In prepared remarks at a conference hosted at Duke University, Mr. Delrahim likened the proposed model for the DMRB to the MSRB, describing the model as a self-regulatory board composed of industry and public members with the expertise […]

By | January 26th, 2021 ||