Event

Fast Break: DOJ ‘No-Poaching’ Agreements in Healthcare

Watch the recording >> | View the slides >>

July 26, 2018
03:00 PM - 03:45 PM ET

No-poaching agreements (when companies agree not to hire or recruit one another’s employees) and wage-fixing (including components of compensation) are subject to scrutiny under federal antitrust law. Because healthcare entities, especially hospitals, are often the largest single employer in a geographic area, DOJ is focusing on criminal and civil enforcement actions against them.

Recently, DOJ announced active criminal investigations related to no-poaching in the healthcare space, and its renewed interest in this type of anti-competitive behavior is an important signal for healthcare providers.

Join us for our next installment in the Fast Break series as we discuss:

  • What are no-poaching agreements and wage-fixing agreements?
  • How have DOJ and FTC historically approached this type of behavior (per se and rule of reason analysis)?
  • What does a DOJ criminal and civil antitrust investigation look like and what are the ramifications?
  • What are the benefits of the DOJ Leniency Program and how does it work?
  • Tips for healthcare counsel in navigating partnerships, joint ventures, and other arrangements