FTC and NLRB Wade Further Into Labor Antitrust Issues

The FTC, DOJ, DOL, and NLRB announced a new partnership that will focus on labor issues in antitrust merger investigations, formalizing an ongoing, unprecedented foray into labor issues in the current Kroger-Albertsons merger case. 

Why it matters: The partnership signals that consideration of labor issues in FTC anti-trust enforcement is here to stay – and may become a bigger factor moving forward. 

The partnership: The NLRB signed a memorandum of understanding with the DOJ’s antitrust division, the DOL, and the FTC “to strengthen worker protections and fair competition by collaborating on labor issues in antitrust merger investigations.” Key points include: 

• Enhanced cross-agency information sharing for enforcement purposes

• New methods for obtaining “relevant information” and data on labor issues in merger investigations

• Technical assistance during merger reviews 

• Cross-agency trainings on relevant laws and regulations

• Bi-annual meetings to implement and coordinate the partnership

“Taking a whole-of-government approach to enforcing workers’ rights is critically important,” said NLRB General Counsel Abruzzo on the partnership. 

The bigger picture: Labor issues have become a flashpoint in the ongoing Kroger-Albertsons merger case, and an unprecedented new front in antitrust/merger investigations in general. 

• The FTC alleges that the merger would erode union bargaining power and harm workers. 

• The new cross-agency partnership signals that this type of approach is likely to be a feature of antitrust and merger investigations moving forward, with labor issues playing a bigger role than ever before.