District Court Finds Antitrust Division’s First Wage Fixing Indictment Alleges a Per Se Violation* On November 29, 2021 in U.S. v. Neeraj Jindal and John Rodgers, Civil Action No. 4:20-CR-00358A (N.D. Texas), District Court Judge Amos L. Mazzant rejected defendants’ motion to dismiss the indictment on various grounds, including challenges to the per se rule. Among other arguments, defendants argued that “wage-fixing” was not covered by the Sherman Act because it did not involve the purchase and sale of goods. Defendants also argued that courts did not have enough experience with wage-fixing (this was the government’s first wage-fixing indictment) to label the conduct a per se violation. The indictment charges Neeraj Jindal, the former owner of a physical therapist staffing company, and
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The US District Court for the Eastern District of Texas rejects a motion to dismiss a per se Sherman Act violation by former executives at a staffing company for wage fixing in the market for physical therapists and assistants (Neeraj Jindal / John Rodgers)
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