On Jan. 28, the U.S. District Court for the District of Colorado declined to dismiss a criminal antitrust indictment alleging a dialysis operator, DaVita, and its former CEO colluded with competitors by agreeing not to recruit or “poach” each others’ employees. The same day, the Department of Justice announced yet another “no-poach” indictment—this time accusing four owners and managers of home health care agencies of allegedly conspiring to fix the rates paid to their workers and to refrain from hiring each others’ employees. These events are the latest in a string of criminal enforcement actions brought by the DOJ for alleged “no-poach” agreements and emphasizes the DOJ’s focus on competition in labor markets and effects on workers.

In his July 9, 2021, Executive Order on Promoting Competition in the American Economy, President Joe Biden affirmed his commitment to enforce the antitrust laws in labor markets and denounced the consolidation of “corporate employers, making it harder for workers to bargain for higher wages and better work conditions.” The Biden administration has made good on this promise in the form of a series of criminal indictments brought by the DOJ’s Antitrust Division for alleged “no-poach” agreements between companies who compete for employees.

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