Labor, Justice departments, National Labor Relations Board, Federal Trade Commission strengthen partnership to protect workers in merger reviews

WASHINGTON – The U.S. Department of Labor, the National Labor Relations Board, the U.S. Department of Justice’s Antitrust Division and the Federal Trade Commission today signed a memorandum of understanding to strengthen competition by better coordinating information used by antitrust agencies to evaluate potential impacts of mergers and acquisitions on labor markets.

“Workers are the backbone of our economy, and it’s critical that the impact on workers and the labor market are given due consideration when analyzing mergers and acquisitions,” said Acting Secretary of Labor Julie Su. “The Department of Labor is committed to providing information and data to strengthen the Department of Justice and Federal Trade Commission’s understanding of labor markets, and we look forward to deepening our work to protect workers by promoting fair competition in labor markets.”

The MOU sets out several methods for the antitrust agencies to obtain relevant information on labor issues during merger investigations, including the following:

• Soliciting information from worker stakeholders and organizations.
• Seeking production of additional information and data related to labor markets from filing entities.
• Using public data sets from the department and the National Labor Relations Board.
• Continuing to coordinate under pre-existing interagency memorandums of understanding.

“Competition in labor markets means higher wages, better working conditions, and more opportunities for workers and their families,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “Our partnership with the Federal Trade Commission, National Labor Relations Board and the Department of Labor will help us identify and act against mergers that threaten to harm competition for workers. The Antitrust Division did just that when we successfully challenged a merger between book publishers that would have decreased compensation for authors. Promoting workers’ right to earn a fair wage is central to the mission of each of our agencies, and we look forward to deepening our collaboration together.”

“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,” said National Labor Relations Board General Counsel Jennifer Abruzzo.

“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,” said Federal Trade Commission Chair Lina M. Khan. “By deepening partnerships with the National Labor Relations Board, the Department of Labor and the Justice Department’s Antitrust Division, the FTC will keep building on our whole-of-government efforts to ensure that all Americans can get a fair shot in our economy, free from unlawful coercion.”