USA – WASHINGTON Trends and Developments Contributed by: Jordanne M. Steiner and Kenneth R. O’Rourke, Wilson Sonsini Goodrich & Rosati
ments when an offence involves the use of arti - ficial intelligence because, in the DOJ’s view, it presents more serious risks to victims and the public at large (see Speech, Department of Justice, Deputy Attorney General Lisa Monaco Delivers Keynote Remarks at the American Bar Association’s 39th National Institute on White Collar Crime, (7 March 2024), available here ). Shortly thereafter, in May 2024, the Federal Bureau of Investigation (FBI) executed the first search warrant in a criminal investigation focused on the use of pricing algorithms in rental markets (see here ). The FBI raided the headquar - ters of apartment owner and manager Cortland in Atlanta, Georgia. While we expect the DOJ’s focus on companies using pricing algorithms and other artificial intel - ligence tools as potential facilitators of alleged price-fixing and price-fixing opportunities to continue apace under the second Trump admin - istration, we await AAG Slater’s public commen - tary and private directions to the DOJ to identify and understand potential nuances in the DOJ’s approach to prosecuting algorithmic price fixing. Labour markets In a criminal case brought under the Biden administration that went to trial recently under the second Trump administration, the DOJ obtained its first guilty verdict for criminal charg - es related to labour markets. In March 2023, the DOJ indicted a healthcare staffing executive for allegedly “knowingly enter[ing] into and engag[ing] in a conspiracy to suppress and eliminate competition for the services of nurses employed by the [uncharged] co-conspirator companies by agreeing to fix the wages of those nurses” between March 2016 and 2019 (see Indictment, United States
v Lopez, No 2:23-cr-0055-CDS-DJA (D. Nev. 15 March 2023)). Then, in September 2023, the DOJ obtained a superseding indictment, adding charges for wire fraud, stemming from an alleged failure to disclose the pending criminal charges when completing certain paperwork accompa - nying the sale of the business (see Superseding Indictment, United States v Lopez, No 2:23-cr- 0055-CDS-DJA (D. Nev. 6 September 2023). The case went to trial and, in April 2025, the jury voted unanimously to convict. How much, if at all, the alleged fraudulent conduct affected the jury verdict on the wage-fixing conduct is a subject of discussion. Following the conviction, AAG Slater issued a statement: “Wage-fixing agreements are nakedly unlawful attempts at unjustly profiting off Ameri - can workers. [This] verdict highlights what should be a clear message with antitrust crimes: the agreement is the crime. The Antitrust Division will zealously prosecute those who seek to unjustly profit off their employees” (see here ). This conviction is the latest, but not the only, movement in the world of antitrust and labour markets. It follows a joint statement from the DOJ and the Federal Trade Commission (FTC), issued at the tail end of the Biden administration, announcing the issuance of the Antitrust Guide - lines for Business Activities Affecting Workers (the 2025 Guidelines), which replaced the 2016 Antitrust Guidance for Human Resources (HR) Professionals (see here and here ). In announcing the new guidelines, the agencies noted that the guidelines, “explain how the Justice Department and FTC identify and assess the antitrust risk of business practices affecting workers” (see here ). The FTC vote on the 2025 Guidelines passed 3-2, along Democrat-Republican party lines, with then-Commissioners Ferguson and Holy -
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