U.S. Department of Justice building in Washington, D.C. June 6, 2020. Reflections on the Antitrust Agencies' Virtual Workshop, 'Making Competition Work: Promoting Competition in Labor Markets'
On Dec. 6 and 7, 2021, the FTC and DOJ hosted a virtual workshop—titled "Making Competition Work: Promoting Competition in Labor Markets"—to discuss potential future efforts to promote competitive labor markets and worker mobility. In this edition of their Antitrust Trade and Practice column, Karen Hoffman Lent and Kenneth Schwartz outline the key discussions that took place during the workshop.
December 14, 2021 at 12:45 PM
10 minute read
Over the course of the past decade, the Department of Justice (DOJ) and the Federal Trade Commission (FTC) have ramped up their efforts to combat anticompetitive practices in labor markets. These efforts began in earnest in 2010, when the DOJ filed and settled a civil action against major tech companies alleging that they violated the antitrust laws by agreeing not to "cold call" one another's employees. Since then, the DOJ has commenced several criminal actions against individuals who have allegedly entered into "no-poach" agreements or engaged in wage fixing. More recently, in July 2021, President Biden signed an Executive Order that, among other things, directed the agencies to consider strengthening guidance concerning wage collusion and curtailing the unfair use of noncompete clauses in employment agreements. And as part of its Draft Strategic Plan for Fiscal Years 2022–2026, released this past month, the FTC announced plans to increase the use of provisions in merger consent orders that improve worker mobility.
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