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Berger Montague Investigates Surgical Care Affiliates LLC Over Alleged “No-Poach” Agreements

DATE: January 7, 2021
PRACTICE AREAS: Antitrust

PHILADELPHIA, Jan. 7, 2021 – Berger Montague is investigating healthcare company Surgical Care Affiliates LLC and its related entity (collectively, “SCA”) over allegations that SCA and its competitors entered an agreement not to recruit or hire each other’s senior-level employees, in violation of antitrust laws.

SCA owns and operates outpatient medical care centers across the United States. On January 7, 2020, a federal grand jury returned a two-count indictment charging SCA with entering and engaging in two separate conspiracies with other healthcare companies to suppress competition between them for the services of senior-level employees, violating the Sherman Act.

According to a press release issued by the United States Department of Justice, the grand jury found that from May 2010 through at least October 2017, SCA conspired with a Texas-based company to allocate senior-level employees by agreeing not to solicit or “poach” each other’s employees. In addition, the grand jury stated that from February 2012 through at least July 2017, SCA separately conspired with a Colorado-based company to allocate senior-level employees through a similar no-solicitation agreement. These alleged “no-poach” agreements have hurt senior-level employees by limiting their ability to pursue better, higher-paying jobs.

If you worked as a senior-level employee at Surgical Care Affiliates or its competitors between 2010 and 2017 and are interested in learning more about Berger Montague’s investigation, please contact attorney Michael Dell’Angelo at (215) 875-3080 or mdellangelo@bm.net.

Berger Montague is a national plaintiffs’ class action and complex litigation law firm headquartered in Philadelphia with additional offices in Minneapolis, San Diego, and Washington, D.C. Berger Montague litigates complex civil cases and class actions in federal and state courts throughout the United States. Since 1970, the Firm has pioneered the use of class actions and recovered well over $36 billion for its clients and the class members it has represented.

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