By Marshall Steinbaum
Labor platforms like Uber have mostly escaped antitrust scrutiny, despite the apparent legal risk that, by coordinating pricing among tens of thousands of “independent contractors,” they might run afoul of Section 1 of the Sherman Act. On the other hand, the enforcement agencies have indicated that collective bargaining by those contractors against the platform does trigger liability under Section 1. This piece argues that this disparate antitrust treatment of powerful platforms versus their counterparties plays a significant role in carving out legal space for the labor platforms, in the regulatory black hole that has opened up as both labor and antitrust law have retracted.
Featured News
Federal Court Partially Blocks FTC’s Noncompete Ban
Jul 3, 2024 by
CPI
Saks Fifth Avenue’s Parent Company Acquires Neiman Marcus for $2.65 Billion with Amazon’s Support
Jul 3, 2024 by
CPI
Justice Department Accuses Assa Abloy of Antitrust Settlement Violation
Jul 3, 2024 by
CPI
California Lawmakers Advance AI Regulation Bill Amid Industry Backlash
Jul 3, 2024 by
CPI
Skydance Media Secures Preliminary Merger Deal with Paramount
Jul 3, 2024 by
CPI
Antitrust Mix by CPI
Antitrust Chronicle® – Private Equity Roll-Up Schemes
Jun 28, 2024 by
CPI
The FTC’s Focus on Private Equity is Warranted
Jun 28, 2024 by
CPI
Unraveling the Roll-Up: Private Equity’s Misunderstood Investment Strategy
Jun 28, 2024 by
CPI
Antitrust Focus on Private Equity Funds and Serial Acquisitions
Jun 28, 2024 by
CPI
Private Equity Roll-Ups Amidst Heightened Antitrust Enforcement
Jun 28, 2024 by
CPI