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ok well obviously "why not both" would be the rejoinder, but I'm not actually sure I follow the reasoning that this is a criminal law matter?

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There was both a civil suit (brought by five employees) and a criminal complaint brought by the DOJ. The criminal complaint was about a violation of antitrust law:

> On September 24, 2010, the United States Department of Justice Antitrust Division filed a complaint in the US District Court for the District of Columbia alleging violations of Section 1 of the Sherman Act. In US v. Adobe Systems Inc., et al., the Department of Justice alleged that Adobe, Apple, Google, Intel, Intuit, and Pixar had violated Section 1 of the Sherman Act by entering into a series of bilateral "No Cold Call" Agreements to prevent the recruitment of their employees...

https://en.wikipedia.org/wiki/High-Tech_Employee_Antitrust_L...

Complaint against companies, not against individual actors for some reason. The final judgements in both resulted in meager compensation and achieved zero deterrence.

Why haven't Eric Schmidt or Steve Jobs spent a single day in jail or become felons? The DOJ didn't even try.

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