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Do Your Employment Practices Violate Antitrust Law?

This article provides critical background on DOJ policy and practice, and highlights some of the steps corporate counsel can take during leniency or plea negotiations to secure non-prosecution protection for the company's employees as part of any antitrust corporate disposition.


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Did you know that certain employment practices could violate antitrust law? This is the message to be gleaned from joint guidance recently issued by the Federal Trade Commission (FTC) and the Department of Justice (DOJ) Antitrust Division (collectively, the “Agencies”). The Agencies issued this guidance to remind employers that, like any other market, the job market is subject to antitrust laws. Not only could failure to abide by the antitrust laws result in significant civil penalties, but criminal prosecution is even a possibility!

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