Global Competition Review: No Harm Means No Agreement, Acquitted No-Poach Defendants Say

March 24, 2023

Various academics and defense bar members noted that the US Department of Justice’s failure to secure a conviction in a third criminal labor trial indicates that it should re-evaluate its approach. O’Melveny partner and former DOJ official Anna Pletcher said that the outcome of a no-poach conspiracy case that is set to go to trial next week in the US District Court for the District of Connecticut is particularly important because it involves vertical and ancillary aspects, stating that the DOJ is “pushing the envelope there.” Pletcher represented former Pilgrim’s Pride CEO Jayson Penn in three criminal antitrust trials following accusations of a scheme to rig bids for broiler chicken products from 2012-2019. ‘I hope they’re listening,” Pletcher said.

Read the full article here.