On April 14, 2022, a Texas jury returned five not-guilty verdicts on six charges considered in the first federal criminal wage-fixing prosecution. A day later, a Colorado federal jury entirely acquitted DaVita, Inc. and its former chief executive on all counts of conspiring with other companies to suppress competition in the market for employees. These results mark early losses in the Department of Justice’s new efforts to put health care executives behind bars in the hopes of deterring illegal wage-fixing and “no poach” agreements, but will this slow down the Department of Justice’s criminal prosecution of these types of agreements?
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