NLRB General Counsel Partners with DOJ, DOL, and FTC on Labor Issues in Merger Investigations

Today, NLRB General Counsel Jennifer Abruzzo signed a Memorandum of Understanding (MOU) with the Department of Justice Antitrust Division (ATR), the Department of Labor (DOL), and the Federal Trade Commission (FTC) to strengthen worker protections and fair competition by collaborating on labor issues in antitrust merger investigations. 

The MOU sets out a variety of methods for the antitrust agencies to obtain relevant information on labor issues in merger investigations, including soliciting information from worker stakeholders and organizations, seeking production of employer information and data related to labor markets, utilizing NLRB and DOL public data sets, and contacting the NLRB and DOL for additional information under bilateral pre-existing interagency MOUs.

Further, the NLRB and DOL also commit to providing technical assistance during merger review, including in the resolution of labor market merger investigations, and to training appropriate personnel from the ATR and FTC on their respective statutes. The NLRB will provide training on the duty to bargain in good faith, successor bargaining obligations, and unfair labor practices, among other topics. The four agencies will meet bi-annually to discuss implementation and coordination of their partnership. 

“Taking a whole-of-government approach to enforcing workers’ rights is critically important, and we’re thrilled to be partnering with the antitrust agencies to enhance their ability to obtain important information on the potential effects of mergers on workers,” said NLRB General Counsel Abruzzo. 

“Competition in labor markets means higher wages, better working conditions, and more opportunities for workers and their families,” said Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division. “Our partnership with the Federal Trade Commission, National Labor Relations Board and the Department of Labor will help us identify and act against mergers that threaten to harm competition for workers. The Antitrust Division did just that when we successfully challenged a merger between book publishers that would have decreased compensation for authors. Promoting workers’ right to earn a fair wage is central to the mission of each of our agencies, and we look forward to deepening our collaboration together.”

“Workers are the backbone of our economy, and it’s critical that the impact on workers and the labor market are given due consideration when analyzing mergers and acquisitions,” said Acting Secretary of Labor Julie Su. “The Department of Labor is committed to providing information and data to strengthen the Department of Justice and Federal Trade Commission’s understanding of labor markets and we look forward to deepening our work to protect workers by promoting fair competition in the labor markets.”

“Congress passed the antitrust laws to ensure that all Americans benefit from free and fair competition. When businesses vigorously compete for workers, workers enjoy better wages and working conditions as well as greater opportunity and freedom,” said Federal Trade Commission Chair Lina M. Khan. “By deepening partnerships with the National Labor Relations Board, the Department of Labor and the Justice Department’s Antitrust Division, the FTC will keep building on our whole-of-government efforts to ensure that all Americans can get a fair shot in our economy, free from unlawful coercion.”

The NLRB General Counsel previously signed bilateral agreements with Department of Justice Antitrust Division, the Department of Labor’s subagencies, and the Federal Trade Commission.