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The Department of Justice’s (“DOJ”) Antitrust Division has brought its third criminal antitrust case involving labor markets — this time against a healthcare staffing company and its former manager for allegedly agreeing not to solicit or hire its competitor’s contract nurses and to fix wages for those nurses. The case comes on the heels of the Antitrust Division’s first-ever criminal case involving “no-poach” conduct brought in January 2021, where it charged Surgical Care Affiliates, LLC (“SCA”) for allegedly agreeing with a competitor not to solicit one another’s senior-level employees. Another indictment focused on wage-fixing conduct was announced in December 2020. The Antitrust Division now has three active criminal cases involving agreements to restrict competition in health-care related labor markets. Similar investigations in other industries are believed to be pending. Companies should take note: the recent slew of enforcement activity highlights the need to educate senior executives and recruiting personnel that the Antitrust Division is on the hunt for this type of conduct, which it considers criminal.