DOJ Takes First Criminal Labor Antitrust Indictments to Trial

The Department of Justice’s first-ever criminal trials over companies’ alleged violations of labor-related antitrust laws are set to kick off.

DOJ Takes First Criminal Labor Antitrust Indictments to Trial

The Department of Justice’s first-ever criminal trials over companies’ alleged violations of labor-related antitrust laws are set to kick off, reports Bloomberg News. In its first criminal indictment for wage-fixing violations, the DOJ’s 2020 complaint in USA v. Jindal alleged that the owner of a therapy staffing company conspired with competitors to lower pay and recruit others to the scheme, while in USA v. DaVita they allege that DaVita Inc., a kidney dialysis service provider, formed no-poach contracts with competitors to refrain from hiring each other’s workers.

A conviction in either trial could strengthen the government’s hand on similar cases in the future. The trials will also render hints for other indicted companies on their own defense strategies if, and when, they come to trial, and a conviction may even make some likely to pursue a plea agreement, rather than risk a full trial. A government win will almost certainly result in an appeal that could make it as far as the U.S. Supreme Court.