Criminal No-Poach Antitrust Defense Verdict*Key Takeaways Colorado 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
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The US District Court for the District of Colorado acquits a healthcare company and its CEO in a criminal trial on no-poach agreements (DaVita)
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