The US DoJ in a landmark case indicts and brings to trial a healthcare company and its former CEO for employee no-poach agreements (DaVita / Thiry)

In a landmark case of first impression, the US Department of Justice’s (DOJ) Antitrust Division (Division) indicted and brought to trial a federal criminal prosecution alleging agreements between DaVita, Inc., its former CEO Kent Thiry and other companies not to solicit each other’s employees. The case was the first criminal trial of its kind in the Division’s recent efforts to expand Sherman Act liability under Section 1 to include so-called no-poach and non-solicit agreements. Following an eight-day jury trial and two days of deliberation, a Denver jury acquitted Thiry and DaVita on all counts of the unprecedented “no-poach” conspiracy. As the district judge himself succinctly put it to the jury: this case was “a unique case in the field of antitrust law.” This criminal prosecution in

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Authors

  • McDermott Will & Emery (Chicago)
  • McDermott Will & Emery (Chicago)
  • McDermott Will & Emery (Washington)

Quotation

Jeffrey E. Stone, Daniel Campbell, Justin P. Murphy, The US DoJ in a landmark case indicts and brings to trial a healthcare company and its former CEO for employee no-poach agreements (DaVita / Thiry), 28 January 2022, e-Competitions January 2022, Art. N° 106420

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