The US DOJ and FTC issue guidance signaling that they will bring enforcement actions for wage-fixing and no-poaching agreements under federal antitrust law

The DOJ will now treat wage-fixing and no-poaching agreements criminally. On October 20, the US Department of Justice (DOJ) and Federal Trade Commission (FTC) issued guidance (the Guidance) signaling that they will bring enforcement actions for wage-fixing and no-poaching agreements under federal antitrust law. [1] Significantly, this is the first time that the DOJ indicated that it would consider a “criminal prosecution against individuals, the company, or both” for wage-fixing and no-poaching agreements. The DOJ has authority to enforce criminal and civil violations of antitrust laws. The FTC enforces civil, not criminal, laws. The agencies provided the “alert” for human resources (HR) professionals concerning “potential violations of the antitrust laws” based on hiring and compensation

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Mark L. Krotoski, David R. Brenneman, The US DOJ and FTC issue guidance signaling that they will bring enforcement actions for wage-fixing and no-poaching agreements under federal antitrust law, 20 October 2016, e-Competitions Bulletin October 2016, Art. N° 83753

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