FTC warns law firm DEI program may violate antitrust

On January 30, 2026, the Federal Trade Commission (FTC) announced it sent warning letters to 42 major law firms for their participation in the Mansfield Certification, alleging their participation could constitute anticompetitive collusion. The FTC said in a statement that law firms can violate antitrust laws when they engage in collusion in their hiring practices, including by “coordinating on the personal characteristics of their candidate pools and sharing sensitive information about pay and benefits.” 

What Mansfield Certification is, and what FTC says 

Launched in 2017, the Mansfield Certification is a program based on behavioral science data with the goal of increasing the representation of diverse lawyers in leadership roles. Essentially, the idea is that by increasing the diversity of the candidate pool, the number of hires from diverse backgrounds will also increase without hiring quotas.

According to FTC Chair Andrew Ferguson, however, “Potentially anticompetitive collusion between law firms on [diversity, equity, and inclusion] DEI metrics can include quotas by which they agree to compose panels of job candidates based on race, sex, or other personal characteristics other than the candidate’s merit, or by which law firms agree to make final decisions about hiring and promotions based on those personal characteristics.” He went on to say, “Such agreements can distort competition for labor in legal professions, including along dimensions like hiring decisions, pay, and promotions.” 

Mansfield Certification is lawful, according to judge