Paul Weaver/Sipa USA via AP Images
UPMC Williamsport, an acute care hospital in Williamsport, Pennsylvania, on November 18, 2021
For the first time in decades, a dominant firm is facing a pending antitrust challenge specifically aimed at its unlawful power over labor markets.
Earlier this month, the Service Employees International Union filed an antitrust complaint with the Department of Justice against the sprawling nonprofit hospital network University of Pittsburgh Medical Center (UPMC). The complaint argues that UPMC’s dominant position in the state allows the firm to constrain labor markets and engage in a broad range of harmful practices against employees. In other words, it’s a monopsony case, one that builds on recent research about the impact of corporate consolidation on workers.
Similar to a monopoly, which refers to a company’s ability as a seller to throttle competitors or consumers, monopsony denotes a firm’s control as a buyer. This power often manifests as a buyer of labor, to affect employment within a given sector.
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The complaint takes a novel legal approach by arguing that UPMC wields power over workers not only to suppress wages, but also to restrict job mobility through noncompete agreements and illegally crush collective-bargaining efforts. The complaint unearths previously unreported details about a “do not hire” blacklist used by UPMC, punishing employees who had to temporarily leave their jobs and dissuading many others...
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