Posts tagged antitrust
Plaintiffs’ letter adds wrinkle to $2.8 billion NCAA settlement
December 12, 2024 // Although the letter lauds the terms of the settlement, House, Prince and Harrison warned that without player representation in negotiations with their schools and conferences, athletes would "inevitably remain in a vulnerable position" and the industry would remain mired in "continued litigation." They asked for the court to "lend its imprimatur" to athletes' efforts to collectively negotiate in the future through a players' association.
FTC Withdraws From Labor Pact in Antitrust Merger Enforcement
September 30, 2024 // The Federal Trade Commission is backing out of a deal between a group of federal agencies to coordinate on labor issues in the review of mergers and acquisitions. The agency said in a late Friday statement that it would withdraw from a memorandum of understanding it joined in August with the National Labor Relations Board, the Department of Labor, and Department of Justice’s antitrust division. The pact called for the agencies to collaborate to obtain information from various stakeholders, and open up access to the DOL and NLRB during antitrust merger evaluations.
Commentary: Biden’s FTC Seeks To Protect Union Workers Through M&A Challenge
March 25, 2024 // For Kroger and Albertsons, the FTC claims that the companies aggressively compete with one another to hire and retain grocery workers, principally through collective bargaining negotiations with unions. The FTC claims that this competition results in higher wages, better benefits, and improved working conditions for employees. The proposed acquisition would eliminate or greatly curtail this competition, threatening the ability of hundreds of thousands of grocery store workers to secure stronger contracts with improved wages and benefits.
How the Kroger-Albertsons merger could impact union workers, if it happens
March 5, 2024 // Antitrust experts have said that if the FTC lawsuit derails the merger, it could set a new precedent. It could also help cement the power of unions in the grocery industry and enable them to organize other workplaces. Perhaps more importantly, it goes beyond the more immediate concerns associated with a merger—such as layoffs—and raises broader questions about the long-term effects of undermining the right to strike for unionized workers. “I think it shows an innovative and creative approach,” Lieberwitz says. “The FTC’s concerns are, of course, broader, but this is a response that looks at the ways in which unionized workforces are essential to the welfare of labor and the labor market.”
Trump will meet with the Teamsters in Washington as he tries to cut into Biden’s union support
January 31, 2024 // During Trump's presidency, the National Labor Relations Board reversed several key rulings that made it easier for small unions to organize, strengthened the bargaining rights of franchise workers and provided protection against anti-union measures for employees. The Supreme Court's conservative majority — including three justices that Trump nominated — overturned a decades-old pro-union decision in 2018 involving fees paid by government workers. The justices in 2021 rejected a California regulation giving unions access to farm property so they could organize workers.
Congress Should Protect Federal Workers from Union Coercion
August 10, 2023 // Any other business enterprise attempting to sell nearly irrevocable memberships without disclosing the terms up front would swiftly find itself in the sights of federal regulators. Just last month, the Federal Trade Commission sued Amazon in federal court for “failing to clearly and conspicuously disclose all material terms of the transaction” before signing people up for Prime memberships and “failing to provide a simple cancellation mechanism.” It’s time unions started playing by the same rules. The Paycheck Protection Act, just introduced in Congress by Representative Eric Burlison (R., Mo.), would increase union accountability by ending the collection of union dues via payroll deduction by federal agencies. Given the ubiquity and ease of electronic payment methods, there is simply no good reason to force taxpayers to subsidize a dues-collection system for a private, politically divisive special-interest group.
Opinions | The WGA strike is part of a recurring pattern when technology changes
May 31, 2023 // Once again, writers and other workers in Hollywood are facing technological change, this time regarding the use of artificial intelligence in projects covered by the WGA’s Minimum Basic Agreement (MBA). The WGA has proposed that any MBA material be produced by a person, with writing credits to a human, and that no AI be used in the production of literary material for a film. The goal is to secure the jobs and pay of writers, with both initial minimum payments during production and residuals for back-end exhibition. The WGA, which has stronger residuals security and higher payments with studios than with streamers, is looking for closer parity, especially with streaming’s rise in popularity since the coronavirus pandemic. Could AI help script a sitcom? Some striking writers fear so. In a recent example of where the agreements have fallen short, Netflix forced the WGA into arbitration by withholding residuals, ultimately owing $64 million in backdated payments while still refusing to shell out $13.5 million in interest.
Why baseball’s next unionization effort could come from MLB front offices: ‘We’re not protected at all’
May 8, 2023 // The lawsuit invoked the Curt Flood Act, a 1998 piece of antitrust reform named after the player who sued MLB to end the reserve clause. Judge Gardephe did not find the case convincing enough to transform the Wyckoff and Cox suit into the front-office employee equivalent of Flood's historic triumph; instead, he reinforced that teams were behaving within their rights set forth by MLB's antitrust exemption. "Because scouts' work has a direct and critical effect on the selection of players who will participate in the games that the public will watch," Gardephe opined, "their role cannot be characterized as 'wholly collateral' or 'incidental' to the business of professional baseball."
The FTC’s Indefensible Position on Collective Bargaining
April 19, 2023 // In remarks last week at the University of Utah School of Law, FTC Commissioner Alvaro Bedoya argued that independent contractors should be allowed to bargain collectively. He acknowledged that courts have always treated collective bargaining by contractors as illegal under federal antitrust law. But he claimed that these courts have made a mistake: in fact, Congress never meant to stop small contractors, like truckers or plumbers, from forming a union and bargaining together. Bedoya’s interpretation would upset a century of careful balancing between antitrust and labor policy. It would also expose the contractors themselves to serious risks of abuse. And it would undermine well-established rules against collusion, price fixing, and other restraints on trade. To see why Bedoya is so wrong, you have to understand labor law and antitrust law’s tangled history. Let’s start with section 1 of the Sherman Antitrust Act. Adopted in 1890, section 1 banned all contracts and conspiracies in restraint of trade. It did not, however, define trade restraints. Instead, it incorporated common-law standards. Under the common law, unions were treated no differently from any other combination of buyers or sellers. If they conspired to fix labor prices, they violated the law. And collective bargaining could be seen as one form of price fixing. As a result, the law sometimes treated unions as, essentially, labor cartels.
Microsoft’s union pledge, and the new era of organized labor in tech
June 8, 2022 // Courtney said he sees a direct connection between Microsoft’s announcement, the pending Activision-Blizzard acquisition, and President Joe Biden’s promise to run the most pro-union administration in U.S. history. TODD BISHOP, Marcus Courtney, software tester, principles for employee organizing and engagement with labor organizations, Margaret O’Mara, University of Washington, regulatory approval, video-game testers,