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DOJ Antitrust Division Not Backing Down on Labor

 |  October 5, 2022

By: Ann O’Brien and Kayley Sullivan (Baker Hostetler/Antitrust Advocate)

Despite back-to-back losses in the Department of Justice’s (DOJ) first-ever criminal no-poach and wage-fixing cases, the Antitrust Division (the Division) is not backing down from its enforcement focus on labor. In fact, the Division and Assistant Attorney General Jonathan Kanter continue to proudly tout their continued aggressive stance, with Kanter recently stating that the Division is going to “continue to bring cases” and “will not back down.” 

After both historic trials resulted in total acquittals, Kanter attempted to recast the losses as precedent-setting victories for the Division, “which were extremely important cases establishing that harm to workers is antitrust harm […] survived motions to dismiss.” The reality that motions to dismiss are so rarely granted in criminal cases undercuts the practical significance for many who regularly litigate criminal cases…