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DOJ's New Guidance on Anti-Poaching and Wage-Fixing Agreements: What You Should Know in 2017


An advisory publication released October 25, 2016 by the US Department of Justice and the Federal Trade Commission finds antitrust violations in no-poaching agreements and wage-fixing agreements between competing companies. The document, titled “Antitrust Guidance for Human Resources Professionals,” makes clear such agreements are per se illegal, even if no action is taken to enforce them and even if no anticompetitive effect results. Any agreement not to hire another company’s employees, and any agreement to set wages, may fall within the guidance’s proscription. Criminal penalties may be visited not only upon a company but also upon its executives and human resources professionals. What’s more, the DOJ and FTC want companies to go one step further and report any such behavior.

In this two-hour webcast, a panel of thought leaders assembled by The Knowledge Group will analyze the new guidance and lay out how companies and human resources professionals should respond. This includes implementing training regimens and compliance programs designed to prevent entering into illegal agreements or exchanging sensitive wage-related information with competitors. The panel will also discuss recent developments in litigation and class actions filed resulting from allegations of anti-poaching agreements.

Key topics include:

  • Antitrust legal framework
  • Agreements in restraint of trade
  • Recruitment and hiring policies
  • No-poach and anti-raiding pacts
  • Human resources training
  • Relationships with agencies and suppliers
  • Criminal and civil penalties

Cooley associate Tanisha James will speak at this event.

Event details and registration

Related Contacts
Tanisha A. James Partner, New York
Related Practices & Industries

Antitrust & Competition Antitrust Litigation