10 Years of Labor Antitrust Guidance: Lessons for Workers and the Gig Economy

This Article surveys the last decade of U.S. labor antitrust enforcement and distills the practical lessons it offers for employers and workers in the gig economy. Since the early tech-sector investigations of the Obama era and the subsequent wave of enforcement and follow-on private actions, courts have increasingly treated labor-side restraints as ordinary antitrust violations rather than “HR issues” governed solely by employment law. The enforcement record has crystallized around five rec