On 25 February the U.S. Department of Justice (DOJ) submitted a statement of interest in a Nevada State court lawsuit filed by a group of anesthesiologists alleging that non-compete provisions in their employment agreements with Pickert Medical Group violate state law. DOJ did not weigh in on the merits of the state law claims, but instead argued that non-compete restrictions like those at issue in the anesthesiologists’ case could be considered per se violations of Section 1 of the Sherman Act. DOJ’s position opens the door to the possibility of criminal prosecution for employee non-compete agreements. Such a development would signal a significant shift in the enforcement of antitrust violations in labor markets, an area that DOJ has indicated is a top agency priority. Background As
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The US DoJ submits a statement of interest in a Nevada state court lawsuit filed by a group of anesthesiologists alleging that non-compete provisions in their employment agreements with a medical group violate State law (Pickert Medical Group)
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