DOJ Fails to Convict in No-Poach/Wage Fixing Case.

In United States v. Manahe, a jury acquitted the four defendants of conspiring to enter a no-poach agreement and to fix wages for home health aides in violation of Section 1 of the Sherman Act. Manahe marked the third time the Department of Justice (DOJ) failed to secure a criminal conviction from a jury in a Section 1 no-poaching case. The DOJ’s only conviction in this arena involved a plea deal and a deferred prosecution agreement. Opening arguments have begun in United States v. Patel. There, the court is allowing the defendants to invoke the procompetitive benefits of the alleged agreement in certain limited arguments. [ABSTRACT FROM AUTHOR]