The New Labor Antitrust

57 Pages Posted: 21 Sep 2023

See all articles by Eric A. Posner

Eric A. Posner

University of Chicago - Law School

Date Written: September 17, 2023


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

Suggested Citation

Posner, Eric A., The New Labor Antitrust (September 17, 2023). University of Chicago Coase-Sandor Institute for Law & Economics Research Paper, 2023, Available at SSRN: or

Eric A. Posner (Contact Author)

University of Chicago - Law School ( email )

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