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Merger Guidelines For The Labor Market

By David W. Berger,Thomas Hasenzagl, Kyle Herkenhoff, Simon Mongey & Eric Posner, Duke University, University of Minnesota & University of Chicago While the labor...
Are Businesses Shying Away from Non-Competes in Response to Increased Antitrust Scrutiny of Labor-Related Issues?

Are Businesses Shying Away from Non-Competes in Response to Increased Antitrust...

By Bruce McCulloch, Meredith Mommers, & Tyler Garrett1   I. Increased Antitrust Scrutiny of Labor-Related Issues It is no secret that labor antitrust issues recently have received...
1-The Growing Role of Localities in the United States in Enacting and Enforcing Protections for Gig Economy Workers

The Growing Role of Localities in the United States in Enacting...

As the gig economy has expanded, New York City, and Seattle, two progressive cities in the United States, have become leaders in regulating working...
4-Regulating Gig Work in Australia: The Role of Competition Regulation and Voluntary Industry Standards

Regulating Gig Work in Australia: The Role of Competition Regulation and...

This article surveys two recent Australian regulatory developments which highlight the critical role of competition law and voluntary industry standards in regulating gig work....
6-Labor and Employment Perspectives on the Gig Economy – How the Pro Act and a New Labor Board Might Impact Gig Workers and their “Employers”

Labor and Employment Perspectives on the Gig Economy – How the...

The “gig” economy is on the rise.  According to the U.S. Chamber of Commerce, the number of gig economy workers — independent contractors or...
6- Labor Markets in Healthcare Transactions: 
A Work in Progress

Labor Markets in Healthcare Transactions: 
A Work in Progress

"We will fight for American workers including in connection with illegal mergers that substantially lessen competition for laborers.” So said Assistant Attorney General Jonathan...
A new sense of unease: The rise of no-poach and wage-fixing Concerns Under EU competition law By Tilman Kuhn, Strati Sakellariou-Witt & Cristina Caroppo

A New Sense of Unease: The Rise of No-Poach and Wage-Fixing...

 A new hot topic has emerged in antitrust discussions around the world and it is here to stay: Wage-fixing and “no-poach” agreements between employers...
Using the Horizontal Merger Guidelines to Evaluate Labor Market Effects of Mergers By Courtney Dyer, Courtney Byrd & Laura Kaufmann

Using the Horizontal Merger Guidelines to Evaluate Labor Market Effects of...

For a number of years, the U.S. antitrust agencies have been signaling an increased focus on antitrust enforcement in labor markets. In addition, there...
No-Poach Agreements: Purchasing Power Type, Explicit v. Tacit Collusion, and Lessons From Sellers’ Cartels By Richard May

No-Poach Agreements: Purchasing Power Type, Explicit v. Tacit Collusion, and Lessons...

From near obscurity just over a decade ago, no-poach agreements are now in the crosshairs of several competition authorities worldwide, including the U.S. and...
Criminal and Civil Liability For No-Poach Agreements In the COVID Era By Dan M. Forman, Esq.

Criminal and Civil Liability for No-Poach Agreements in the COVID Era

This article details the potential exposure to criminal and civil liability from no-poach or wage-fixing agreements between competitors under antitrust laws.  The first antitrust...
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