Creative Representation | Expert Litigation

Antitrust Agencies’ “Guidance for Human Resource Professionals” Threatens Criminal Prosecution

by John F. McLean

On October 20, 2016, the Department of Justice’s (DOJ) Antitrust Division and the Federal Trade Commission (FTC) published their “ANTITRUST GUIDANCE FOR HUMAN RESOURCE PROFESSIONALS” (“GUIDANCE”). The GUIDANCE is “intended to alert human resource (HR) professionals and others involved in hiring and compensation decisions to potential violations of the antitrust laws.” The DOJ and FTC have brought a wide variety of civil cases involving employer agreements.  See a copy of the article here.