Countervailing Powers: Voice vs. Exit in Remedying Labor Market Harms from Anticompetitive Mergers

Antitrust analysis and policy have shown a recently renewed interest in labor market harms from mergers that substantially decrease labor market competition. Remedies for mergers that are not blocked have tended to focus on exit as the sole source of countervailing power.  At the same time there has been a resurgence of interest in labor unions and labor organizing, classic sources of “voice-based” countervailing power. We discuss how merger remedies can incorporate union neutrality, card c