The US District Court for the District of Colorado acquits a Denver-based healthcare company and its former CEO on no-poach agreements in alleged violation of the Sherman Act (DaVita / Thiry)

Key TakeawaysColorado federal jury acquitted a healthcare company and its former CEO of antitrust charges that they violated the Sherman Act by entering into agreements with other health care companies not to recruit each other’s employees.As an early test of the Antitrust Division’s 2018 commitment to pursue criminal—and not just civil—cases against companies with these so-called “no-poach agreements,” the pro-defense verdict in this case represents a significant setback for the DOJ.Despite this and other recent challenges, including an adverse verdict in a criminal wage-fixing case out of the Eastern District of Texas and a second mistrial in a price-fixing case in Denver involving the poultry industry, the DOJ has pledged to continue its aggressive enforcement efforts.The power to

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  • Dechert (Philadelphia)

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Steven E. Bizar, The US District Court for the District of Colorado acquits a Denver-based healthcare company and its former CEO on no-poach agreements in alleged violation of the Sherman Act (DaVita / Thiry), 28 January 2022, e-Competitions May 2022, Art. N° 106365

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