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The US FTC and US DOJ jointly issue Antitrust guidance for human resource professionals

On October 20, 2016, the Antitrust Division of the Department of Justice (DOJ) and the Federal Trade Commission (FTC) jointly issued new guidance designed to help human resources professionals and their companies understand the potential antitrust implications of their work. The guidance relates primarily to the prohibition against wage xing and “no-poaching” agreements between competitors, as well as to the sharing of employment information between rival companies. In a questions-and-answers section, the agencies provide their view on hypothetical situations that may pose antitrust concerns. The guidance also announces a policy change: “Going forward, the DOJ intends to proceed criminally against naked wagexing or no-poaching agreements.” Wagexing agreements are promises between

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Authors

  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (New York)
  • Skadden, Arps, Slate, Meagher & Flom (Washington DC)

Quotation

Clifford H. Aronson, Karen Hoffman Lent, Tara L. Reinhart, The US FTC and US DOJ jointly issue Antitrust guidance for human resource professionals, 20 October 2016, e-Competitions Bulletin October 2016, Art. N° 82301

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