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Antitrust Regulation White Collar Crime

As Federal Antitrust Prosecutions Rise, Potential Criminal Pitfalls Loom for HR Professionals

The Biden administration seeks to position itself as one that will crack down on employers’ attempts to limit their employees’ mobility and pay through allegedly non-competitive measures.

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On July 9, 2021, President Joe Biden issued his “Executive Order on Promoting Competition in the American Economy” (EO), establishing his administration as one that will prioritize the importance of competition in the workforce. See, White House Exec. Order on Promoting Competition in the American Economy (Jul. 9, 2021). The EO strikes the same chord as a recent Tweet from President Biden which states: “It’s simple: companies should have to compete for workers just like they compete for customers. We should get rid of non-compete clauses and no-poaching agreements that do nothing but suppress wages.” See, Joe Biden (@JoeBiden), Twitter (Dec. 23, 2019, 7:05 PM). Clearly, the Biden administration seeks to position itself as one that will crack down on employers’ attempts to limit their employees’ mobility and pay through allegedly non-competitive measures.

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