Hoosier Banker 27 proposed merger or acquisition, or are otherwise involved in a joint venture or other collaborative activity, there is antitrust risk if they share information about terms and conditions of employment.” Thus any exchange of information must be done in a cautious and limited manner. This restriction affects HR practices, such as benchmarking and compensation surveys. The Antitrust Guidance indicates that soliciting or responding to HR association salary/wage surveys may be unlawful. It cautions those who belong to HR organizations to avoid “discussing specific compensation policies or particular compensation levels” with members who work for competitor companies. The DOJ/FTC guidance regarding how to share such information without running afoul of antitrust laws can be found in previously issued guidance. See Statement 6, Provider Participation in Exchanges of Price and Cost Information, DOJ and FTC, Statements of Antitrust Enforcement Policy in Health Care. The DOJ has identified a non-exhaustive list of examples of illegal conduct in “Antitrust Red Flags for Employment Practices,” including discussions with competitors regarding not competing too aggressively for employees, agreements not to solicit another company’s employees, and participating in trade association meetings where compensation is discussed. Bottom line: The FTC and DOJ enforcement focus may be shifting this year. The DOJ also expects that the Antitrust Guidance will lead to stronger cooperation with state antitrust enforcers. Executives, board members and other corporate decisions-makers, as well as HR personnel, must be aware of antitrust issues, including the red flags identified by the DOJ. The Antitrust Guidance should be incorporated into compliance training, and all employees who are involved in hiring and compensation practices should be included in that training. Review any agreements that may be affected, including non-solicitation agreements and non-disclosure agreements, to ensure they are legal. HB CHICAGO INDIANAPOLIS ST. LOUIS MILWAUKEE A full service business law firm with a simple promise -- put you first 201 North Illinois Street, Suite 1400 Capital Center, South Tower Indianapolis, Indiana 46204-4212 T: 317.464.4100 | F: 317.464.4101 | salawus.com Growing in Indiana to meet your company’s legal needs LARRY TOMLIN | STEPHEN STITLE | JOHN TANSELLE | DEBRA MASTRIAN ANDREW PODGORNY | MARTHA LEHMAN | MARK WENZEL IBA Leadership Development Program Identify the best and brightest in your bank for the 2017 Leadership Development Program. This intense series helps the next generation of banks leaders reach full potential. Programming begins in April and continues in June, August and October. Click on the icon at left in HB Digital to register, or go to indianabankers.org/education-events. APRIL 1114 Henryville
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