When federal prosecutors lose a case, and especially when they lose a series of related cases, the responsible reaction is to look back, reflect on what went wrong, and consider whether a different approach might be appropriate. But the head prosecutor at the antitrust division of the Department of Justice is turning that maxim on its head. In recent years, the division has embarked upon an aggressive and novel series of criminal prosecutions in the labor market space, involving alleged agreements to restrict job opportunities. This effort has been profoundly unsuccessful. Since last year, the antitrust division has now gone to trial with four cases in this space and lost all four at t
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