On April 3, 2018, the Department of Justice Antitrust Division (“DOJ” or “Antitrust Division”) filed an antitrust complaint against Knorr-Bremse AG (“Knorr”) and Westinghouse Air Brake Technologies Corporation (“Wabtec”) for agreeing not to “solicit, recruit, hire without prior approval, or otherwise compete for employees” (collectively, “no-poach agreements”).  According to the complaint, Knorr and Wabtec are “each other’s top competitors for rail equipment used in freight and passenger rail applications” and also compete with each other to “attract, hire and retain various skilled employees, including rail industry project managers, engineers, sales executives, business unit heads, and corporate officers.”

Continue Reading DOJ Targets No-Poach Agreements Among Competitors

Last week the Federal Trade Commission and the Department of Justice jointly issued guidance to educate companies, and in particular human resource professionals, on how antitrust laws apply in the employment arena, particularly with respect to hiring and compensation matters. Human resource professionals should familiarize themselves with this guidance, which we summarize below, as the DOJ and FTC made it clear that HR professionals may be held individually responsible for certain employment-based antitrust violations.

Continue Reading FTC and DOJ Issue Antitrust Guidance for Human Resource Professionals