1  A.  TRADE AND COMMERCE  2   1  VIOLATION OF SECTION 1 OF THE SHERMAN ACT  2   10  VII. FACTS ................................................................................................... 11  11  16  COUNT TWO ............................................................................................... 29  17  22   39.  During the Class Period, Defendants employed timeshare sales personnel in  3  Virginia and throughout the United States, including this judicial district.  4   40.  Defendants’ conduct substantially aﬀected interstate commerce throughout  5  the United States and caused antitrust injury throughout the United States.  6  7  B.  94.  Plaintiﬀs, individually and on behalf of all others similarly situated, reallege  3  and incorporate herein by reference each of the allegations contained in the preceding  4  paragraphs of this Complaint, and further allege against Defendants and each of them as  5  follows:  6   95.  Berkley and Bluegreen are direct competitors for employees, including the  7  specialized timeshare sales personnel covered by the agreement at issue here. Berkley and  8  Bluegreen entered into a naked no-solicitation and no-hiring agreement, thereby reducing  9  their ability and incentive to compete for these employees. This agreement suppressed  10  competition between Berkley and Bluegreen, thereby limiting aﬀected employees’ ability  11  to secure better compensation, beneﬁts, and working conditions.  12   96.  Berkley and Bluegreen entered into and enforced an unlawful agreement in  13  restraint of the trade and commerce described above in violation of Section 1 of the  14  Sherman Act, 15 U.S.C. § 1. Beginning no later than October 16, 2007 and continuing at  15  least through November 2013, these companies engaged in a continuing trust in restraint of  16  trade and commerce in violation of Section 1 of the Sherman Act.  17   97.  Berkley and Bluegreen devised, monitored, and enforced the agreement  18  with the purpose and eﬀect of: (a) ﬁxing the compensation of Plaintiﬀs and the Class at  19  artiﬁcially low levels; and (b) substantially eliminating competition among Defendants and  20  their direct competitors for skilled labor services.  21  