ABOUT THE CASE

The Joseph Saveri Law Firm, LLP is investigating Taboola and Outbrain regarding their hiring practices and possible agreements not to hire and/or recruit one another’s employees. Taboola and Outbrain compete in the market for advertising services, including content recommendation, that connect content creators with content publishers and generate revenue for some of the world’s most-visited websites.

In a recent filing with the U.S. Securities and Exchange Commission (SEC), Taboola.com Ltd. reported that it is cooperating with the U.S. Department of Justice’s (DOJ) Antitrust Division regarding a criminal investigation of Taboola’s hiring practices, as well as other companies within Taboola’s industry. In similar fashion, Outbrain Inc. disclosed to the SEC that it is also the subject of a criminal investigation into the hiring activities in the industry and that it is cooperating with the DOJ.

In labor markets, workers benefit from a competitive environment: Ideally, employers compete among themselves to hire employees who have the training and skills to enhance the employers’ services and brands. As a result, these employees are able to obtain higher compensation and benefits. In contrast, “no-poach” agreements suppress wages for employees who might seek better opportunities with competing employers but are not hired or are not recruited due to the conspiracy. No-poach agreements suppress compensation even for employees who did not seek other job opportunities because companies can maintain lower wages across the entire company.

In recent years, the DOJ and the Federal Trade Commission have stepped up their enforcement of anticompetitive conduct in the labor market, declaring that “[g]oing forward, the DOJ intends to proceed criminally against naked wage-fixing or no-poaching agreements.” Earlier this year, the DOJ indicted Surgical Care Affiliates Inc., which operates around 230 outpatient surgical facilities across the country, for allegedly entering into a no-poach agreement with its competitors. Our firm represents a proposed class of current and former employees of Surgical Care Affiliates and its co-conspirators seeking to recover suppressed wages.

Individuals who worked for Taboola or Outbrain may have been impacted by these illegal and anticompetitive agreements. Please contact the firm by completing the form below if:

  • You might have knowledge of an agreement by your past or present employer not to recruit or hire from a competitor
  • You want to learn more information about our investigation into these possible no-poach agreements

Any information you provide to us will be kept strictly confidential as provided by law.


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