In an article for the June 2024 issue of Competition Policy International’s Antitrust Chronicle, Partner Thomas Mueller and Senior Associate Rochella Davis discuss how the DOJ and FTC have intensified enforcement in labor markets.
Excerpt: “In recent years, the Department of Justice Antitrust Division (DOJ) and the Federal Trade Commission (FTC) have significantly ramped up enforcement efforts in labor markets. This article delves into two key enforcement initiatives: the criminalization of no-poach agreements and the regulatory prohibition of employee non-compete agreements. The article explores the hurdles faced by the DOJ and FTC in challenging agreements that impact the labor market and suggests ways in which they could employ their authority to develop more practical strategies due to the nuances inherent in no-poach and employee non-compete agreements. These strategies could achieve faster and more impactful outcomes for employees while also garnering greater acceptance from courts, juries, and other stakeholders.”
