DaVita And Former CEO Kent Thiry Indicted, Accused Of Suppressing Competition For Workers In Health Care Industry

DENVER (CEO) -- DaVita Inc. and its former CEO Kent Thiry have been indicted on two counts for conspiring with competing employers not to solicit each others' employees, suppressing competition and limiting opportunities for workers. If convicted, DaVita faces a maximum penalty of a $100 million fine per count, and Thiry faces a maximum penalty of 10 years in prison and a $1 million fine per count.

"Those who conspire to deprive workers of free-market opportunities and mobility are committing serious crimes that we will prosecute to the full extent of the law," said Acting Assistant Attorney General Richard A. Powers of the Justice Department's Antitrust Division.

The indictment alleges that DaVita and Thiry both participated in two separate conspiracies to suppress competition.

Count One charges DaVita and Thiry for conspiring with Surgical Care Affiliates LLC to not to solicit each other's senior-level employees from as early as February 2012 until as late as July 2017.

Count Two charges DaVita and Thiry for conspiring with another health care company that agreed it would not solicit DaVita's employees, from as early as April 2017 until as late as June 2019.

Thiry denies the allegations.

DaVita owns and operates outpatient medical care centers across the country, focusing on dialysis and kidney care.