FTC Warns Law Firms Over Potential Antitrust Violations In Diversity Certification Program

In the realm of American jurisprudence, a subtle yet significant tremor has begun to unfold. The Federal Trade Commission, an agency tasked with safeguarding the integrity of competition, has issued a stern warning to 42 law firms. These firms, it is alleged, may have contravened federal antitrust laws in their pursuit of certification from Diversity Lab, a consulting firm specializing in diversity, equity, and inclusion.

At the heart of this matter lies the Mansfield Certification program, a initiative that has drawn scrutiny from the FTC. Chairman Andrew Ferguson, in a letter to the implicated firms, cautioned that the sharing of competitively sensitive information, facilitated through “knowledge-sharing calls,” could potentially harm competition for labor.

This, Ferguson emphasized, may be in contravention of laws directly enforced by the FTC. Notably, the FTC Chairman was at pains to stress that the warning letters were not intended to imply wrongdoing on the part of the recipient firms. Rather, they served as a prophylactic measure, alerting the firms to the potential for liability under antitrust laws.

A critical aspect of the Mansfield Certification program, as described by Diversity Lab, is its purported commitment to merit-based selection processes. The organization asserts that its program does not dictate or require the selection of underrepresented talent based on