Balancing Act: Navigating Nuances in Labor Market Enforcement

In recent years, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) have significantly ramped up enforcement efforts in labor markets.  This article delves into two key enforcement initiatives: the criminalization of no-poach agreements and the regulatory prohibition of employee non-compete agreements.  The article explores the hurdles faced by the DOJ and FTC in challenging agreements that impact the labor market and suggests ways in which th