When it comes to criminally prosecuting no-poach or wage-fixing agreements, it’s been an uphill battle for the Department of Justice—and the latest blow arguably should be the nail in the coffin.

Since 2016, when the DOJ’s Antitrust Division first warned that it would take the novel step of criminally (not civilly) investigating and prosecuting such agreements—where employers agree to set employee compensation or not hire one another’s employees—the agency has had a devastating track record: zero convictions and acquittals of 13 individuals and one company on antitrust charges across four trials. They haven’t fared much better outside the courtroom, securing just one guilty plea of a company and one resolution with an individual requiring no guilty plea or jail time.

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