Posts tagged Federal Trade Commission
More Activision Blizzard Workers File to Unionize
December 28, 2022 //
Op-ed: FTC on the Gig Economy: The Glass is Almost Empty
October 12, 2022 // The FTC does, of course, have a legitimate role to play in challenging unfair methods of competition and unfair acts or practices that undermine consumer welfare wherever they arise, including in the gig economy. But it does a disservice by focusing merely on supposed negative aspects of the gig economy and conjuring up a gig-specific “parade of horribles” worthy of close commission scrutiny and enforcement action. Many of the “horribles” cited may not even be “bads,” and many of them are, in any event, beyond the proper legal scope of FTC inquiry. There are other federal agencies (for example, the National Labor Relations Board) whose statutes may prove applicable to certain problems noted in the gig statement. In other cases, statutory changes may be required to address certain problems noted in the statement (assuming they actually are problems). The FTC, and its fellow enforcement agencies, should keep in mind, of course, that they are not Congress, and wishing for legal authority to deal with problems does not create it (something the federal judiciary fully understands). In short, the negative atmospherics that permeate the gig statement are unnecessary and counterproductive; if anything, they are likely to convince at least some judges that the FTC is not the dispassionate finder of fact and enforcer of law that it claims to be. In particular, the judiciary is unlikely to be impressed by the FTC’s apparent effort to insert itself into questions that lie far beyond its statutory mandate.
Antitrust and Modern U.S. Labor Markets: An Economics Perspective
August 3, 2022 // Among the most high-profile initiatives of the Federal Trade Commission (FTC) during the Biden Administration has been a focus on using antitrust law to address issues relating to economic inequality, specifically the role that corporate mergers purport to play in undermining labor market competition, and in turn harming workers.[2] Proponents of the FTC’s current approach appeal to academic analysis in support of their argument.[3] We submit that this focus is misguided, and based on flawed assumptions with respect to both the state of the labor market and the purported growth in economic inequality. Rather, we argue, when analyzed correctly, the data regarding workplace flexibility, labor market concentration, and so-called “income inequality” show that, if the FTC continues down this regulatory path, the workers the agency claims to protect will suffer the greatest harm. The application of antitrust law to the labor market is unprecedented and, perhaps more importantly, antithetical to the well-being of workers. For the reasons we explain below, it should be rejected. National Longitudinal Survey, House of Representatives Select Committee on Economic Disparity and Fairness in Growth, Executive Branch,
NLRB Partners With Justice Department To Protect Workers from Antitrust, Labor Law Violations
July 27, 2022 // Through greater coordination in information sharing, enforcement activity and training, the two agencies will maximize the enforcement of federal laws, including the labor laws under the NLRB’s jurisdiction and the antitrust laws enforced by the Justice Department’s Antitrust Division, the DOJ’s release states. right to organize, Assistant Attorney General Jonathan Kanter,
Labor union tells FTC it supports Microsoft’s Activision acquisition
July 5, 2022 // “Microsoft’s binding commitments will give employees a seat at the table and ensure that the acquisition of Activision Blizzard benefits the company’s workers and the broader video game labor market,” CWA President Christopher Shelton said in the letter to the FTC.
A Wild Time for Union Organizing: Analysis of selected recent developments at the NLRB and in union organizing campaigns
February 28, 2022 // This paper examines recent tactics used by labor organizations in private sector unionization campaigns, trends in the number of unionization elections, areas of emphasis to be expected from the National Labor Relations Board (NLRB), and other areas of note in the collective bargaining space.
Raven Software employees demanding union recognition
January 22, 2022 // The union move also comes just days after Microsoft agreed to buy Activision Blizzard for nearly $70 billion, making it one of the biggest tech acquisitions in recent years.