January 8, 2021

Burns Charest Investigating Surgical Care Associates Over Anticompetitive Employment Practices

Burns Charest LLP is investigating Birmingham, Alabama-based Surgical Care Affiliates LLC and a related entity over allegations that the health care provider and at least two other companies entered into unlawful conspiracies in violation of the Sherman Act. 

On January 5, 2021, a federal grand jury returned a two-count indictment charging SCA with entering and engaging in two separate agreements with other health care companies to suppress competition between them for the services of senior-level employees. SCA, which combined with UnitedHealth Group’s Optum in 2017, owns and operates outpatient medical care centers across the United States.  

According to a press release issued by the United States Department of Justice in the Northern District of Texas, a grand jury found that from May 2010 through at least October 2017, SCA conspired with a Dallas-based company to restrict senior-level employees by agreeing not to solicit or “poach” each other’s employees.  

In addition, the grand jury stated that from February 2012 through at least July 2017, SCA separately conspired with a Denver-based company to restrict senior-level employees through a similar non-solicitation agreement. These alleged “no-poach” agreements have hurt senior-level employees by limiting their mobility and ability to pursue better, higher-paying jobs. 

Individuals who worked as senior-level employees at Surgical Care Affiliates or its competitors between 2010 and 2017 and are interested in learning more about Burns Charest’s investigation should contact attorney Christopher J. Cormier at (202) 577-3977, or Warren Burns at (469) 904-4550,