The Texas Lawbook

Free Speech, Due Process and Trial by Jury

Dialysis Giant Acquitted in Federal Criminal Case Over Non-Poaching Agreements

A federal jury in Denver on Friday acquitted one of the nation’s largest kidney-dialysis providers of criminal charges that it plotted with other healthcare companies to suppress competition for senior-level employees through non-poaching agreements.

DaVita Inc. of Denver and a former chief executive, Kent Thiry, were found not guilty on all three counts of a 2021 indictment alleging conspiracy in restraint of trade, as defined under the 132-year-old Sherman Antitrust Act. Each count carried a potential fine of $100 million for the company and 10 years in prison for Thiry.

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