Law360: DOJ’s Latest, Biggest No-Poach Trial Thrown Out

April 28, 2023

US District Judge Victor A. Bolden dismissed the US Department of Justice Antitrust Division’s no-poach case against six aerospace and staffing company executives over allegations of fixing wages and limiting hiring. The ruling adds to a recent string of losses that the Antitrust Division has experienced, including its failed attempt to convict multiple poultry executives on price-fixing charges. “Something has gone seriously wrong over at the Antitrust Division,” said O’Melveny partner Michael Tubach, who successfully defended former Pilgrim’s Pride CEO Jayson Penn against the Antitrust Division’s price-fixing claims. “They are making bad charging decisions, and it's showing in the results.”

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