FTC and DOJ Issue Antitrust Guidance for Employers

The Federal Trade Commission and the U.S. Department of Justice have issued guidance to educate companies and their HR professionals on antitrust laws and their impact on employment, hiring, and compensation.

“Workers are entitled to the benefits of a competitive market for their services,” the agencies stated in a press release. “They are harmed if companies that would ordinarily compete against each other to recruit and retain employees agree to fix wages or other terms of employment or enter into so-called ‘no-poaching’ agreements by agreeing not to recruit each other’s employees.”

Going forward, the Department of Justice intends to criminally investigate no-poaching or wage-fixing agreements that are unrelated or unnecessary to a larger, legitimate collaboration between the employers.

“Competition is essential to well-functioning markets, and job markets are no exception,” said Federal Trade Commission Chairwoman Edith Ramirez.

Members can access the new guidance here.