Davis Polk Discusses FTC and DOJ Antitrust Guidance for Employers

On October 20, 2016, the Federal Trade Commission (“FTC”) and Department of Justice: Antitrust Division (“DOJ”) jointly issued antitrust law guidance for human resource professionals (the “Guide”).[1] These agencies are placing renewed interest on the way firms compete to hire and retain employees. Importantly, the Guide makes clear that these agencies consider firms that compete for employees “competitors in the employment marketplace, regardless of whether the firms make the same products or compete to provide the same services.”[2]

According to the FTC and DOJ, this Guide is intended (1) to “help protect workers against anticompetitive conduct,” (2) … Read more