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

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