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INVESTIGATION ALERT: Surgical Center Employees Potentially Impacted by Illegal No-Poach Agreements

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NEW YORK–(BUSINESS WIRE)–Labaton Sucharow is investigating allegations that Surgical Care Affiliates, LLC entered into illegal “no-poach” agreements with its competitors for a period of over seven years. Pursuant to these no-poach agreements, Surgical Care Affiliates and at least two other companies that operate outpatient medical care facilities agreed not to solicit each other’s senior-level employees in violation of federal antitrust laws. On January 5, 2021, a federal grand jury returned a two-count indictment charging Surgical Care Affiliates and a related entity for this illegal conduct.

Background and Anticompetitive Conduct

Surgical Care Affiliates is a one of the leading providers of surgical centers in the United States with over 200 facilities in 35 states. More than 8,000 physicians are affiliated with its centers.

According to the indictment filed in the U.S. District Court for the Northern District of Texas, Dallas Division, beginning at least as early as May 2010, Surgical Care Affiliates conspired with a competing company based in Texas to allocate senior-level employees by agreeing not to solicit each other’s senior-level employees. Beginning at least as early as February 2012, Surgical Care Affiliates also conspired with a competing company based in Colorado to allocate senior-level employees through a similar non-solicitation agreement. Such agreements shut-out qualified candidates from consideration of job opportunities at competing companies and suppress compensation for employees.

You May Have Been Injured by the Anticompetitive Conduct

If you were a manager or other senior-level employee for Surgical Care Affiliates or one of its competitors between 2010 and 2017, you may have been injured by this unlawful conduct. For a free consultation to discuss the specifics of your case, please contact the Labaton Sucharow attorneys listed below. We can provide an evaluation of the merits of your case and explain how you can get involved in a class action against these companies.

About the Firm

Labaton Sucharow LLP is one of the world’s leading complex litigation firms representing clients in securities, antitrust, corporate governance and shareholder rights, and consumer cybersecurity and data privacy litigation. Labaton Sucharow has been recognized for its excellence by the courts and peers, and it is consistently ranked in leading industry publications. Offices are located in New York, NY, Wilmington, DE, and Washington, D.C. More information about Labaton Sucharow is available at


Gregory S. Asciolla / 212-907-0827

Karin E. Garvey / 212-907-0844