In a landmark verdict on April 14, 2025, the U.S. Department of Justice Antitrust Division notched its first-ever jury trial conviction for criminal wage-fixing under the Sherman Act in United States v. Eduardo Lopez in the District of Nevada. A home health care staffing executive, Eduardo ("Eddie") Lopez, was found guilty of (1) conspiring with several competing home healthcare staffing agencies to fix the wages of home health nurses in the Las Vegas area, and (2) defrauding the unwitting buyer of his agency by concealing the then-ongoing antitrust investigation into nurse wage and hiring practices. It is worth noting, however, that while the Lopez conviction is a significant milestone for the DOJ's campaign into labor antitrust violations, wage-fixing cases may be more straightforward to prosecute than no-poach agreements, where the DOJ still has not prevailed before a jury. This victory nonetheless affirms the DOJ's ability to criminally prosecute labor market collusion as a criminal offense after numerous failed attempts, signaling the prudence of further caution for companies and individuals to mitigate risk in labor antitrust markets.
Key Facts in United States v. Lopez
Lopez was a home health care staffing executive who held executive positions at three different home health care agencies. In his positions, Lopez was responsible for recruiting, hiring, retaining, and assigning nurses to several home health care agencies in the Las Vegas area. The DOJ has not publicly disclosed who initially informed the agency about Lopez's involvement in the wage-fixing conspiracy; during its investigation, however, the DOJ conducted interviews, served a grand jury subpoena to Lopez's agency, and executed a search warrant that ultimately led to the seizure of Lopez's cell phone. This seizure revealed incriminating text messages and recorded conversations of collusion. And while the DOJ has not confirmed whether unnamed co-conspirators received amnesty in exchange for cooperating with the government, at least one co-conspirator later provided corroborating testimony to bolster the DOJ's case.
Lopez was initially indicted by a federal grand jury in September 2023. According to the DOJ, Lopez had orchestrated a wage-fixing conspiracy from 2016 to 2019, during which time he and various unnamed co-conspirators—heads of competing home health care staffing agencies—agreed to artificially set the hourly wages paid to home health care nurses in the Las Vegas region. By colluding with competing agencies, Lopez's scheme allegedly suppressed the wages of hundreds of in-home patient care registered nurses and licensed practical nurses. In the DOJ's view, collusive agreements among employers to set employee pay are akin to price-fixing in labor markets—and thus should be treated as per se violations of Section 1 of the Sherman Act, which prohibits agreements in restraint of trade.
At trial, the DOJ pointed to meetings, conversations, and other communications between Lopez and the unnamed co-conspirators agreeing to fix the wage rates for nurses within Las Vegas. For example, the indictment highlights a communication in which Lopez texted the Director of Operations of another company: "We all have a mutual agreement that with the pay increase, all 3 companies will stay within the same hourly rate."
Beyond the antitrust charge, Lopez was convicted of having taken steps to conceal the then-ongoing wage-fixing antitrust probe in connection with the subsequent sale of his staffing agency to an unwitting buyer who paid over $10 million for the company. DOJ adduced evidence of material misrepresentations or omissions during the sale of Lopez's staffing agency to prevent the buyer from discovering that the company was under criminal investigation for labor antitrust violations, which amounted to wire fraud.
The jury convicted Lopez on all counts—one antitrust and five counts of wire fraud. Lopez has since filed for a mistrial (his third motion for a mistrial) based on claims that: (1) the DOJ used a privileged communication in its closing argument in violation of his constitutional rights; (2) the DOJ improperly called attention to the fact that defense counsel changed firms; and (3) that the privileged communication was prejudicial to his Sherman Act claim. If the verdict holds, Lopez faces up to 10 years in prison for the antitrust charge and 20 years for each count of wire fraud. Sentencing is scheduled for July 14, 2025.
Why is this case significant?
The jury verdict is noteworthy as the first-ever jury conviction for a wage-fixing conspiracy under the Sherman Act since the Division's 2016 decision to pursue wage-fixing and no-poach agreements as criminal, rather than civil, offenses. It also follows a string of losses for the DOJ in 2022 and 2023, where several cases—namely, United States v. Manahe (2023), United States v. Jindal (2022), and United States v. DaVita (2022)—all ended in acquittals or dismissal after juries found insufficient evidence of unlawful agreements to allocate labor markets or fix employee wages. In one case— United States v. VDA OC, LLC — the DOJ secured a guilty plea against a nurse staffing agency for allegedly having conspired with competing agencies to fix nurse wages before the case proceeded to trial. The Lopez case thus represents a pivotal development in the Division's campaign to strengthen enforcement in labor markets.
Federal prosecutors, including Assistant Attorney General Abigail A. Slater, who leads the Antitrust Division, lauded Lopez's conviction. In a press release, AAG Slater stated: "Wage-fixing agreements are nakedly unlawful attempts at unjustly profiting off American workers," adding that the "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. The nurses here deserved better and, under President Trump's leadership, they will be protected." Echoing AAG Slater's remarks, U.S. Attorney for the District of Nevada, Sigal Chattah, added: "Hundreds of registered nurses and licensed practical nurses were affected by the defendant's three-year conspiracy to fix wages[.] The U.S. Attorney's Office is committed to prosecuting executives who seek to line their own pockets."
In addition to signaling a continued commitment to labor antitrust enforcement by regulators, a criminal conviction may also bolster the potential for private actions by employees alleging harm from wage-fixing conspiracies with the lure of treble-damages antitrust claims. It is also likely that continued antitrust enforcement in labor markets is poised to intensify, with federal and state enforcers taking the position that labor-market collusion is a serious violation— i.e., a "naked" market allocation or wage-fixing conduct—that warrants per se condemnation under the antitrust laws.
Key Takeaways
As AAG Slater made clear, the new administration will continue to vigorously target potential antitrust violations in labor markets, including by individuals. Violations may carry hefty fines and even result in prison time for culpable individuals. Companies, particularly in the staffing and healthcare industries, may find it prudent to review their HR policies and practices to ensure robust compliance with HR antitrust guidelines and developments—including, for example, that human resources professionals understand that agreements and arrangements with competitors regarding wages, recruiting, and hiring are strictly off-limits from an antitrust perspective, and ensure that employees at all levels avoid conversations or information exchanges with competitors for labor that may raise antitrust flags. In short, the Lopez conviction serves as a powerful reminder that antitrust laws fully apply in the labor context and that the consequences of violating antitrust laws can be severe.
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