Posts tagged antitrust
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,