In recent years, U.S. antitrust authorities and private plaintiffs have increasingly focused their attention on hiring and employment related conduct. Punctuating the seriousness of their concerns, the Department of Justice’s Antitrust Division warned that it intends to bring criminal charges against “naked” no poaching or wage fixing agreements, which have been treated as civil violations until now.

Earlier this month, the Department of Justice announced the settlement of charges that leading rail equipment manufacturers entered into “no-poach” agreements to eliminate competition between them for employees in violation of §1 of the Sherman Act. In February, a district court certified a class of Duke University and University of North Carolina medical school faculty in a suit alleging that the universities agreed not to hire one another’s professors and other employees. And in October 2016 the antitrust authorities issued antitrust guidance for human resource professionals.

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