![]() ![]() ![]() Late last month, after DOJ’s 5-week case-in-chief, a federal judge in United States v. DOJ’s track record indicates that jurors remain unconvinced that no poach agreements amount to criminal harm, and the Department’s latest loss demonstrates that at least one federal judge remains unconvinced as well. Instead, thirteen defendants have been acquitted in four jury trials: an indication that perhaps these “criminal” cases are ill-conceived. Since DOJ began prosecuting hiring restriction agreements as illegal market allocation arrangements for alleged harm to employees and competition, the Department has secured zero convictions in contested cases. ![]() The Department of Justice’s Antitrust Division appears to have bitten off more than it can chew with its 2016 decision to criminally pursue cases of employers agreeing among themselves not to solicit or hire each other’s employees – so-called “no-poach” agreements. ![]()
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