Since the U.S. Department of Justice announced it would prosecute agreements between employers on hiring, employee compensation, and soliciting as criminal antitrust conspiracies a decade ago, three key lessons have emerged. Skadden partner James Fredricks discusses those lessons: The threat of criminal enforcement remains real, agreements not to solicit or hire are often legitimate parts of broader collaborations, and labor market collusion has emerged as a target for enforcers around the world.
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