Top federal agency leaders previewed plans for broader antitrust enforcement at the 2023 ABA Antitrust Spring Meeting. The expansive view of the government’s role in preserving competition will involve more actions and more agencies, and reviving dormant enforcement tools and strategies.

No-Poach, No-Hire, and Wage-Fixing Agreements

The Department of Justice’s Antitrust Division has been busy investigating and litigating cases that affect workers. Deputy Assistant Attorney General Manish Kumar stated that these cases “are about protecting the economic freedom of individuals to sell their labor into a competitive market and therefore earn a livelihood.”

Given the DOJ’s appetite for bringing labor market cases, an antitrust compliance program tailored to human resources professionals is now crucial.

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