The Antitrust Division of the Department of Justice is aggressively enforcing and expanding the scope of criminal antitrust cases it is willing to bring, including a first wave of novel criminal no-poach cases.
Section 1 of Sherman Act provides every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce among several States is declared illegal. The Supreme Court has long interpreted section to prohibit only unreasonable restraints.
Section 1 of Sherman Act provides every contract, combination in the form of trust or otherwise, or conspiracy in restraint of trade or commerce among several States is declared illegal. The Supreme Court has long interpreted section to prohibit only unreasonable restraints.
It has been nearly a year since the U.S. Department of Justice's Antitrust Division (DOJ) made good on its promise to criminally charge companies that agree not to solicit each other's.
Tuesday, May 11, 2021
1. Introduction
Labor market concentration and its potential effects on workers is a topic increasingly debated among antitrust practitioners and academics. The potential link between labor market concentration and lower wages has led to questions of whether and how labor issues should inform merger review and, more broadly, antitrust investigations. Covid-19 has strained some industries (such as airlines) and may result in consolidation of some employers, further raising labor market concentration concerns. This article describes some of the current research regarding labor concentration and its impact on workers, how labor concentration issues are being raised in the courts, and how economic analysis can inform antitrust inquiry moving forward.