THE U.S. DEPARTMENT OF JUSTICE recently announced a settlement of its investigation into the employment practices of several technology companies, which allegedly agreed to restrict recruitment of rival firms’ engineering staff in violation of Section 1 of the Sherman Act. The Federal Trade Commission is investigating similar allegations that several large oil and gas firms shared salary information in order to suppress employee compensation. The Agencies’ proceedings illustrate antitrust enforcement concerns with collusion among employers over solicitation, hiring, and compensation practices. These types of investigations can give rise to antitrust claims against firms that compete as purchasers of employment services, as opposed to the more common antitrust claims against firms that compete as sellers in output markets.

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