Antitrust and labor

Countering Employer Monopsony Power With Fundamental Labor Rights

Labor policies grounded in the fundamental rights of workers can reinforce the aims of a proposed labor antitrust agenda by limiting a...

How the Rise of Labor Market Power Helps Explain the Fall of US Manufacturing Employment

A new working paper explores the increase in labor market power in the US and what’s driving it. It shows manufacturing workers...

The Ties that Bind Workers to Firms: No-Poach Agreements, Noncompetes, and Other Ways Firms Create and Exercise Labor Market Power

Collusive no-poach agreements are per se illegal, but noncompete clauses are not. Recent research casts doubt on the rationale for this legal...

Antitrust Should Be Used as a Targeted Response to Employer Concentration, But It Can’t Do Everything

A large and growing body of research demonstrates that employer concentration affects the wages of many American workers. Antitrust is an important...

Antitrust and the FTC: Franchise Restraints on Worker Mobility

As currently formulated, antitrust’s rule of reason approach is not the best tool to deal with vertical noncompete agreements that limit worker...

Antitrust’s Labor Market Problem

A series of academic studies in recent years highlighted the fact that labor markets are often highly concentrated and that employers use...

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Antitrust and Competition

The NCAA Goes After College Athletes’ NIL Money—Here are the Antitrust Implications for Workers and Consumers

Ted Tatos

Having lost in the Supreme Court on student-athlete academic benefits, the NCAA has signaled a continuing attempt to suppress competition in the...

Corporate Governance

Have Business Roundtable Companies Lived Up to Their Stakeholder Commitments?

Lucian Bebchuk, Roberto Tallarita

In 2019, more than 100 CEOs of US public companies signed a Business Roundtable statement in which they pledged to deliver value...

Inequality

Do Protests Matter At All for Shifting Government Policy Around Economic Redistribution?

Belinda Archibong

New research on the effectiveness of protests on government distributions provides insights into the political incentives of a country’s leadership and the...

Antitrust and Competition

Mergers and Smoking Guns

Erik Peinert

A recently uncovered memo from George Stigler and Richard Posner reveals how they thought about antitrust and merger policy in advising the...

Corporate Governance

Will “Portfolio Primacy” Throw a Monkey Wrench in Elon Musk’s Plans to Acquire Twitter?

Bernard Sharfman

The SEC's definition of fiduciary duty allows institutional shareholders to vote against Elon Musk's Twitter takeover bid thanks to portfolio primacy.