The Department of Justice (DOJ) and the Federal Trade Commission (FTC) in 2016 published Antitrust Guidance for Human Resource Professionals warning of criminal remedies for those participating in illegal no-poach agreements. Recently, the DOJ and FTC made good on that promise by filing the first public criminal indictment alleging a conspiracy between companies in which they agreed not to poach each other’s employees. The DOJ and FTC warned they could take such actions when “naked” wage-fixing and no-poach agreements were per se illegal violations under the antitrust laws.
While it may seem justified for businesses facing increased costs in these trying COVID-19 pandemic times to add “COVID surcharges” to ensure they can keep their doors open, businesses and their corporate counsel should be aware that such surcharges can raise serious competition concerns and need to be carefully navigated.
Ruth Bader Ginsburg was a trailblazer on so many fronts. Her well-earned nickname “notorious RBG” is usually synonymous with gender equality, civil rights, and equal justice under the law. Her mark on the law is certainly indelible, and what she stood for as the second female Justice on the Court, (one who was deemed unworthy of any law firm job despite graduating first in her class from Columbia Law School) maybe even more so. But one area of the law in which her opinions in a most prolific career are rare, is that of antitrust.
Temple Law alumnus Carl Hittinger discusses the positions of the Federal Trade Commission and the Department of Justice as calls for antitrust investigations into “Big Tech” companies escalate. The agencies, which share civil antitrust enforcement authority, reportedly are tussling over the right to investigate social media, online retail, search engine, and app store companies, raising the possibility of wasted resources, duplicative investigations, inconsistent positions, and confusion.
Third Circuit Judge Dolores K. Sloviter retired in 2016, leaving behind a remarkable legacy. As a member of the bench for nearly 40 years, Judge Sloviter’s contribution to the Third Circuit’s jurisprudence bridges the expanse of the Court’s jurisdiction. Ranking these contributions would prove difficult. At the top of any list, however, would be Judge