Joseph Folio spoke to Law360 about antitrust enforcement during the Biden administration and what trends are likely to continue. He spoke to the Department of Justice’s (DOJ) emphasis on criminal cases accusing employers of fixing wages or curtailing recruitment and hiring of workers from rivals, stating, “Those cases were a harsh lesson of overreaching.”
Joseph also noted that the Biden-era DOJ “left the waters more muddied,” including by revoking guidance on the kinds of corporate collaborations it deems acceptable and stretching the law to bring the first criminal monopolization cases in decades.
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