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How Antitrust Failed Workers - Oxford Scholarship Online
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How Antitrust Failed Workers

Eric A. Posner


Antitrust law has very rarely been used by workers to challenge anticompetitive employment practices. Yet recent empirical research shows that labor markets are highly concentrated, and that employers engage in practices that harm competition and suppress wages. These practices include no-poaching agreements, wage-fixing, mergers, covenants not to compete, and misclassification of gig workers as independent contractors. This failure of antitrust to challenge labor-market misbehavior is due to a range of other failures—intellectual, political, moral, and economic. And the impact of this failure ... More

Keywords: antitrust law, labor markets, workers, wages, minimum wage, gig economy, work

Bibliographic Information

Print publication date: 2021 Print ISBN-13: 9780197507629
Published to Oxford Scholarship Online: August 2021 DOI:10.1093/oso/9780197507629.001.0001


Affiliations are at time of print publication.

Eric A. Posner, author
Kirkland and Ellis Distinguished Service Professor of Law, University of Chicago

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