The Federal Trade Commission (FTC) and the Department of Justice Antitrust Division (DOJ), in collaboration with the Department of Labor (DOL) and National Labor Relations Board (NLRB), have signed a new memorandum of understanding (MOU). This agreement aims to enhance the ability of the FTC and DOJ to investigate the impact of mergers and acquisitions on labor markets.
The MOU outlines measures to ensure that relevant information and expertise provided by DOL and NLRB can be utilized by FTC and DOJ in their review processes. FTC Chair Lina M. Khan emphasized, "Congress passed the antitrust laws to ensure that all Americans benefit from free and fair competition. When businesses vigorously compete for workers, workers enjoy better wages and working conditions as well as greater opportunity and freedom."
Assistant Attorney General Jonathan Kanter of the DOJ’s Antitrust Division stated, "Competition in labor markets means higher wages, better working conditions, and more opportunities for workers and their families. Our partnership with the FTC, NLRB, and DOL will help us identify and take action against mergers that threaten to harm competition for workers."
Acting Secretary of Labor Julie Su added, "Workers are the backbone of our economy, and it’s critical that the impact on workers and the labor market are given due consideration when analyzing mergers and acquisitions."
NLRB General Counsel Jennifer Abruzzo commented on the importance of a collaborative approach: "Taking a whole-of-government approach to enforcing workers’ rights is critically important."
Under this new agreement, DOL and NLRB will provide technical assistance, additional information, data upon request from FTC or DOJ, training for antitrust agency personnel on relevant issues such as bargaining obligations, unfair labor practices, among others. The agencies also plan biannual meetings to discuss implementation.
This MOU supplements existing bilateral agreements between labor agencies and antitrust agencies. It builds on previous efforts like FTC’s 2022 MOU with NLRB, 2023 MOU with DOL, enforcement policy statements related to gig work, challenges against major corporate acquisitions like Kroger Company’s acquisition of Albertsons Companies Inc., Tapestry Inc.’s acquisition of Capri Holdings Limited.
Furthermore, FTC's initiatives include actions against noncompete agreements which restrict economic liberty. Examples include orders requiring firms like Anchor Glass, Ardagh Group, Prudential Security among others to eliminate noncompetes.
The memorandum was signed by key representatives from each agency: Lina M. Khan (FTC), Jonathan Kanter (DOJ), Julie Su (DOL), Jennifer Abruzzo (NLRB).
For further details about competition benefits or filing an antitrust complaint visit FTC's website or follow them on social media platforms.
