Global Competition Review: Dropped No-Poach Case Proves DOJ Rethinking Approach, Ex-Enforcers Say
November 16, 2023
The US Department of Justice dismissed its charges against Surgical Care Affiliates this week, signaling the end of- the government’s first and longest-running criminal no-poach endeavor. O’Melveny partner Anna Pletcher said that the government could start filing anticompetitive conduct cases as civil charges. “If you think about the end result they’re looking for, they want an end to anticompetitive practices in the labor market,” Pletcher said. “Criminal enforcement isn’t the best way to accomplish that in general, and they certainly didn’t make any headway with loss after loss after loss.”
Read the full article here.