(L-R)Jennifer Fischell and Thomas Schubert of MoloLamken. Courtesy photos In Antitrust Cases, Recent DOJ Losses Don't Tell the Whole Story
In a guest column for the Litigation Daily, Jennifer Fischell and Thomas Schubert of MoloLamken write that even in the wake of recent losses, the Biden Administration has obtained key legal victories with broader ramifications in the labor-side antitrust space.
July 13, 2023 at 07:30 AM
7 minute read
Antitrust
Many of the Biden Administration's antitrust enforcement actions have involved attempts to regulate anticompetitive conduct in labor markets by means of the antitrust laws. Recently, for example, DOJ has criminally prosecuted defendants for allegedly engaging in wage-fixing and using "no-poach" agreements to restrict competition. And it has successfully blocked a proposed merger using a novel, labor-centric theory. Biden's FTC, meanwhile, has proposed a rule restricting the use of noncompete agreements.
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