In The News

The Antitrust Conduct Cases to Watch in 2022

Law360

03 Jan 2022

Megan Gerking and David Shaw spoke to Law360 about the major antitrust conduct cases to watch in the coming year.

In 2022, the U.S. Department of Justice (DOJ) will be pursuing labor-side antitrust enforcement after years of promising that it was no longer satisfied with purely civil enforcement, declaring the first such indictment in late 2020. Some of the DOJ’s new criminal prosecutions will go to trial in 2022.

“DOJ’s authority to bring no-poach cases under its criminal authority I think will be tested in the next year,” Megan said.

The Federal Trade Commission has similarly expressed an interest in protecting workers, including through rulemakings. The efforts to expand labor-side enforcement is driven by President Biden’s summer executive order aimed at bolstering competition across the economy.

According to David, the executive order also called for initiatives by other government agencies, imposing mandates on and making requests of “a whole bunch of regulators and offices scattered throughout the executive branch.”

Read the full article

Close
Feedback

Disclaimer

Unsolicited e-mails and information sent to Morrison & Foerster will not be considered confidential, may be disclosed to others pursuant to our Privacy Policy, may not receive a response, and do not create an attorney-client relationship with Morrison & Foerster. If you are not already a client of Morrison & Foerster, do not include any confidential information in this message. Also, please note that our attorneys do not seek to practice law in any jurisdiction in which they are not properly authorized to do so.