TOTM
Antitrust Applies to Unions as Well as to Employers
Truth on the Market
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The Trump administration has signaled its interest in applying antitrust law to protect workers from harm. Business conduct that distorts competition in labor markets is, indeed, covered by the antitrust laws, and various labor-related antitrust-enforcement initiatives have been undertaken in recent years. In contrast, labor-union collective bargaining to improve wages and conditions of employment is exempt from the antitrust laws, although some union activities may be subject to antitrust challenge. The administration might consider weighing both employer-side and union-side restraints in setting policy.