The New Labor Antitrust

Abstract

In recent years, the courts have seen a new batch of cases involving antitrust claims by workers against their employers, a traditionally rare kind of litigation. The cases have been driven by a wave of empirical studies that have discovered that labor markets are highly concentrated and that anticompetitive behavior by employers—including no-poach agreements and noncompete clauses—is common. A review of the cases and the academic literature reveals that while the courts have made some progress in recognizing claims by workers, they have yet to understand the significance of the shift in the economic understanding of how labor markets operate. Contrary to received wisdom, labor markets are ripe for disruption by antitrust litigation.

Keywords: Antitrust, Labor

JEL Classification: K21