A groundbreaking criminal conspiracy trial involving DaVita Inc. and its former CEO Kent Thiry is set to begin next week. Prosecutors say DaVita’s agreements with competitors not to recruit each other’s workers violated the Sherman Anti-Trust Act.
A groundbreaking criminal conspiracy trial involving Denver-based DaVita Inc. and its former CEO Kent Thiry is set to begin Monday, pitting the company against federal prosecutors who say DaVita’s agreements with competitors not to recruit each other’s workers violated antitrust laws.
The indictment cites numerous emails that show DaVita’s competitors not only agreed to avoid recruiting DaVita employees, but in some cases also promised to direct DaVita employees who did apply to reconsider “their potential opportunities” within DaVita, and require that DaVita employees alert their bosses to their job hunt before the competitors would offer DaVita employees a job.
Attorneys for DaVita and Thiry have denied wrongdoing, arguing in court filings that non-solicitation agreements aren’t illegal and that“The charges against the company are unjustified and rest on an unprecedented application of antitrust law to alleged discussions years ago by former company executives,” Katherine Wetzel, head of DaVita’s communications, said in a statement. “We will continue to defend the company vigorously.
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