Showing archive for: “Labor & Monopsony”
Big Federal Antitrust Cases Heat Up
The U.S. Justice Department (DOJ) and the Federal Trade Commission (FTC) are advancing two major antitrust cases that will have significant implications for the American public. The DOJ, joined by eight states, announced Aug. 23 that it was suing RealPage Inc. for an “unlawful scheme to decrease competition among landlords in apartment pricing and to monopolize ... Big Federal Antitrust Cases Heat Up
FTC Noncompete Rule–and FTC Competition Rulemaking–Are on the Ropes
Judge Ada Brown of the U.S. District Court for the Northern District of Texas issued an Aug. 20 order effectively striking down the Federal Trade Commission’s (FTC) April 2024 rule barring noncompete clauses (“noncompetes”) in employment contracts. Ryan LLC, a global tax-services and software provider, had challenged the rule, which had been scheduled to take ... FTC Noncompete Rule–and FTC Competition Rulemaking–Are on the Ropes
Vacatur’s All I Ever Wanted
Yep, more about noncompetes. I’ve been at this a bit. I’m aware. Just last week, and then again here, here, here, here, and here at Truth on the Market; here in a more formal journal article; and here with my International Center for Law & Economics (ICLE) colleagues and scholars of law and economics. Maybe ... Vacatur’s All I Ever Wanted
Antitrust at the Agencies: Just When I Thought I Was Out Edition
Noncompetes have been a subject of much interest here at Truth on the Market (see Alden Abbott, Brian Albrecht, Corbin Barthold, Gus Hurwitz, Richard Pierce Jr., and your humble-if-obsessive scribe here, here, here, here, and here). They’re also something I’ve studied independently—first, at the Federal Trade Commission (FTC) and then, for example, here. I was ... Antitrust at the Agencies: Just When I Thought I Was Out Edition
The WGA’s Misguided Fears: Unpacking the Myths of Media Consolidation in the Streaming Era
While last year’s labor disputes between the Writers Guild of America (WGA) and the Screen Actors Guild (SAG-AFTRA), on the one hand, and Hollywood’s major movie and television studios, on the other, have been settled for months now, lingering questions remain about competitive conditions in the industry. In a recent submission to the California Law ... The WGA’s Misguided Fears: Unpacking the Myths of Media Consolidation in the Streaming Era
Rounding Out the Roundup
In yesterday’s Agencies Roundup, I discussed the likely fate of the Federal Trade Commission’s (FTC) new rule banning most noncompete agreements, read through the lens of the Supreme Court’s Loper Bright decision. I thought the rule infirm to begin with—a somewhat foolish swing for the fences on a regulation that the FTC couldn’t possibly enforce. ... Rounding Out the Roundup
After Loper Bright, FTC Awaits Its Turn At-Bat
In an Agencies Roundup post several weeks ago, I revisited the Federal Trade Commission’s (FTC) newly adopted—and not-yet-effective—rule barring the use of noncompete agreements across much of the U.S. economy. It was not my first such post (my ninth, if I’ve counted correctly, and if readers will forgo armchair diagnoses of monomania). The last time ... After Loper Bright, FTC Awaits Its Turn At-Bat
The Waiting Game: Noncompetes, Google, Roll-Ups, and More
I’ll start with a bit of half-empty, half-full (and very partial) resolution in Federal Trade Commission (FTC) publicity. Losing by Winning or Just Losing or . . . ? A couple of weeks ago, the Wall Street Journal editorial board announced that: “Another Lina Khan Theory Loses in Court” And that was right, up to ... The Waiting Game: Noncompetes, Google, Roll-Ups, and More
All Roads Lead to Dallas: FTC Non-Compete Rule Set to Face Its First Legal Test in the Northern District of Texas
The sweeping prohibition on noncompete agreements promulgated by the Federal Trade Commision (FTC)—which would nullify 30 million contracts and preempt the laws of 46 states if it takes effect, as scheduled, on Sept. 4—is set for its first judicial test. In Ryan, LLC v. FTC, Judge Ada Brown of the U.S. District Court for the ... All Roads Lead to Dallas: FTC Non-Compete Rule Set to Face Its First Legal Test in the Northern District of Texas
Once More Unto the Breach, Dear Friends: More Regulatory Overreach by the FTC
Go big or go home, they say. It’s not really an either-or choice: one can go big, and then go home. Not infrequently, an attempt to go big is what gets one sent home. The Federal Trade Commission (FTC) swung for the fences in April 23’s open meeting. On purely partisan lines, the commission voted ... Once More Unto the Breach, Dear Friends: More Regulatory Overreach by the FTC
Antitrust at the Agencies Roundup: Spring Has Sprung
Last week was the occasion of the “spring meeting”; that is, the big annual antitrust convention in Washington, D.C. hosted by the American Bar Association (ABA) Antitrust Section. To engage in a bit of self-plagiarism (efficient for me, at least), I had this to say about it last year: For those outside the antitrust world, ... Antitrust at the Agencies Roundup: Spring Has Sprung
Kroger/Albertsons: Is Labor Bargaining Power an Antitrust Harm?
The Federal Trade Commission’s (FTC) recent complaint challenging the proposed merger of the supermarkets Kroger Co. and Albertsons Companies Inc. has important implications for antitrust enforcement in labor markets. Central to the FTC’s case is how it chooses to define the relevant markets, and particularly the commission’s focus on unionized grocery workers. The complaint alleges ... Kroger/Albertsons: Is Labor Bargaining Power an Antitrust Harm?
