On December 6 and 7, 2021, the Department of Justice Antitrust Division (“DOJ”) and the Federal Trade Commission (“FTC”) hosted a virtual workshop to discuss competition issues in labor markets and plans to execute President Biden’s Executive Order to address competition issues in our modern economy. The workshop, along with enforcement actions already underway, reinforces that this is a priority area for the Administration; marketplace participants are well advised to review their policies and compliance programs accordingly.
In their opening remarks, DOJ Assistant Attorney General Jonathan Kanter and FTC Chair Lina Khan emphasized that the workshop came at a pivotal moment, as recent patterns of conduct and declining levels of competition have caused competitive harm to workers, resulting in the need for conversations as to how antitrust policies and laws can protect workers. In the first public remarks since his Senate confirmation, AAG Kanter noted that antitrust enforcers must develop new applied tools to address competition issues in the modern economy. Chair Khan echoed the need to ensure for the agencies’ tools for evaluating competitive conduct to keep pace with the realities of the modern economy. Both Kanter and Khan noted that these new approaches were necessary for upholding the responsibilities of the agencies as directed by President Biden’s Executive Order, which included in its call to action 72 initiatives that will focus on promoting and protecting...
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