What’s Next for Antitrust Enforcement After DOJ’s No-Poach Prosecution Dismissed?

On November 15, 2023, the U.S. District Court for the Northern District of Texas granted a motion by the U.S. Department of Justice (DOJ) to dismiss indictments in its last remaining criminal no-poach antitrust case, United States of America v. Surgical Care Affiliates, LLC, et al., No. 3:21-cr-00011-L (N.D. Tex. Nov. 15, 2023). The government’s voluntary dismissal of the case—the first criminal no-poach indictment brought by the DOJ in early 2021—could signify the beginning and end of DOJ’s quest to enforce no-poach agreements as per se violations of the Sherman Act.

Read the full Alert on the Duane Morris website. 

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