Labor/Employment,
Antitrust & Trade Reg.
Jun. 24, 2022
The birth of criminal antitrust enforcement actions against employers in the United States
Under a novel legal theory, the DOJ has taken the position that, from an antitrust perspective, companies that hire or retain employees are competitors in the labor marketplace regardless of whether they make the same products or compete to provide the same services.
Khesraw (Kash) Karmand
Associate
DLA Piper LLP (US)
401 B Street, Suite 1700
San Diego , CA 92101
Email: kash.karmand@us.dlapiper.com
Employers in the U.S. are no strangers to the constant threat of civil litigation for discrimination, wrongful termination or wage and hour claims by employees. They are also familiar with enforcement actions by agencies such as the U.S. DOL, OFCCP, EEOC, as well as various state agencies charged with ensuring labor law compliance. But now, employers can add to this alphabet soup the U.S. Department of Justice’s Antitrust Division (DOJ) and the U.S. Federal Trade Comm...
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