Ensconced in a corner of federal labor policy is the labor exemption from federal antitrust law. Every so often, it takes center stage, as it did last fall when the 9th U.S. Circuit Court of Appeals decided Safeway supermarkets committed an antitrust violation by their collaborative efforts to resist a union strike in Los Angeles in 2003.
The full court heard the case March 21, and that may present an occasion to correct what in the authors’ view was a misapplication of the labor antitrust exemption.
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