The US DoJ and FTC issue joint guidance on employee wage-fixing and non-poaching agreements

DOJ and FTC Release Guidance on Antitrust Law and Employee Hiring and Compensation* In a press release issued on October 20, 2016, the Antitrust Division and the FTC issued antitrust guidance for human resource (HR) professionals and others who are involved in hiring and compensation decisions. While the guidance is helpful, the big news in the press release is: Going forward, the Justice Department intends to criminally investigate naked no-poaching or wage-fixing agreements that are unrelated or unnecessary to a larger legitimate collaboration between the employers. (emphasis added). These types of agreements eliminate competition in the same irredeemable way

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Robert E. Connolly, The US DoJ and FTC issue joint guidance on employee wage-fixing and non-poaching agreements, 20 October 2016, e-Competitions October 2016, Art. N° 81709

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