U.S. Regulators Focus on Labor Impacts in Proposed Antitrust Changes

The FTC and DOJ have focused on the impact of competition on labor markets. Since January 2023, they have worked to update the Merger Guidelines and overhaul the premerger notification process, with a focus on the effect a merger may have on labor markets. Proposed changes may result in additional challenges where proposed transactions could affect worker mobility, wages or benefits, even if the merger may benefit consumers. The FTC has also floated a proposed ban on non-competes, which would oblige employers to alert current and past workers, including independent contractors, that such provisions no longer apply. See “How Anti-Corruption and Antitrust Enforcement Align” (Jan. 22, 2020).

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