July 21, 2021 / Nathan Eddy
Outpatient medical care center operator DaVita and its former CEO, Kent Thiry, were indicted by a federal grand jury in Denver on charges of conspiring with competing employers in no-poach agreements, according to the Department of Justice.
The first part of the two-count indictment alleges DaVita, along with co-conspirator Surgical Care Affiliates and its related entity, illegally agreed not to solicit each other’s senior-level employees from as early as February 2012 until as late as July 2017.
The second count alleges DaVita and Thiry conspired with another healthcare company to refrain from soliciting DaVita’s employees, the so-called “no poach” theory, beginning as early as April 2017 until as late as June 2019.
Both counts allege DaVita, Thiry and UnitedHealth Group subsidiary SCA, which was indicted separately in January, violated the Sherman Act.
DaVita faces a maximum penalty of a $100 million fine per count if convicted, while Thiry personally could face a maximum penalty of 10 years in prison and a $1 million fine per count.