Justice Department and Federal Trade Commission Issue Antitrust Guidelines on Business Practices that Impact Workers

The Justice Department and Federal Trade Commission (FTC) today jointly issued Antitrust Guidelines for Business Activities Affecting Workers. The guidelines, which replace the 2016 Antitrust Guidance for Human Resource Professionals, explain how the Justice Department and FTC identify and assess the antitrust risks of business practices affecting workers.

“For more than a century, the antitrust laws have protected workers from unlawful schemes, abuses of bargaining power, and restrictions on their mobility,” said Acting Assistant Attorney General Doha Mekki of the Justice Department’s Antitrust Division. “The Antitrust Division will continue to work with its federal and state partners to ensure the economic freedom and opportunity of American workers and their families.”

The guidelines provide examples and cite cases to explain how the agencies analyze business practices that may violate the antitrust laws, such as information sharing, restrictions on worker mobility, abuses of bargaining power and other restrictive, exclusionary or predatory employment conditions. The guidelines also explain that certain types of agreements between employers, such as wage-fixing or no-poach agreements, may expose companies and executives to criminal liability under the antitrust laws.

The agencies encourage members of the public to report potential antitrust violations, and the guidelines provide information on how to submit these complaints.