Justice Department, Department of Labor, Federal Trade Commission and National Labor Relations Board Sign Memorandum of Understanding to Support Merger Review

The Justice Department, Department of Labor (DOL), Federal Trade Commission (FTC) and National Labor Relations Board (NLRB) have signed an interagency memorandum of understanding (MOU) to further communication and coordination between the agencies to protect American workers and promote fair competition in labor markets.

Acting Secretary of Labor Julie Su, Assistant Attorney General Jonathan Kanter of the Justice Department’s Antitrust Division, FTC Chair Lina Khan and NLRB General Counsel Jennifer Abruzzo all signed the MOU as part of the agencies’ coordinated efforts to ensure that mergers between employers do not threaten harm to competition for workers.

“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 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.”

“Competition in labor markets means higher wages, better working conditions and more opportunities for workers and their families,” said Assistant Attorney General Kanter. “Our partnership with the FTC, NLRB and DOL will help us identify and take action 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.”

“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 FTC Chair Khan. “By deepening partnerships with the National Labor Relations Board, Department of Labor and 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.”

“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.

This MOU supplements existing bilateral agreements between the Antitrust Division and DOL and the Antitrust Division and NLRB. Key provisions of the MOU support the Antitrust Division and FTC’s (together, the Antitrust Agencies) work to review mergers that may threaten harm to competition. Those resources include the DOL and NLRB’s (together, the Labor Agencies) organizational contacts and experts, data on labor markets and jobs and enforcement information.

In addition, the MOU supports further training, meetings and coordination among all four signatories. Through this MOU, the Antitrust Agencies and Labor Agencies commit to working together to ensure the Antitrust Agencies have access to all relevant and appropriate information when they evaluate the potential impacts on labor markets from mergers and acquisitions between businesses.