The Department of Justice Antitrust Division, Department of Labor, Federal Trade Commission and National Labor Relations Board General Counsel will work together to “strengthen worker protections and fair competition” by collaborating on labor issues that are part of antitrust merger investigations, the NLRB announced Wednesday.
A memorandum of understanding signed by NLRB General Counsel Jennifer Abruzzo puts forth a variety of methods for the agencies to obtain relevant information on labor issues in merger investigations. Those methods, according to the memo, include soliciting information from worker stakeholders and organizations, seeking production of employer information and data related to labor markets, using NLRB and DOL public data sets, and contacting the NLRB and DOL for additional information under bilateral pre-existing interagency agreements.
“Taking a whole-of-government approach to enforcing workers’ rights is critically important, and we’re thrilled to be partnering with the antitrust agencies to enhance their ability to obtain important information on the potential effects of mergers on workers,” Abruzzo said in a statement.
FTC Chair Lina M. Khan said that “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.”
The new partnership, Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division said, “will help us identify and act against mergers that threaten to harm competition for workers.”
The agencies have partnered before, including an arrangement announced in July between the NLRB and DOJ that aims will increase scrutiny of employer acts that could violate the National Labor Relations Act or antitrust laws.
