By: Ruth Glaeser & Steven Cernak (The Antitrust Attorney)
In this blog post, authors Ruth Glaeser & Steven Cernak (The Antitrust Attorney) discuss a recent speech by Assistant Attorney General Gail Slater, highlighting a renewed focus by the Department of Justice (DOJ) on labor market competition. Slater emphasized that antitrust laws are not only about consumer protection but also play a vital role in promoting fair wages and working conditions. By targeting anti-competitive practices like wage-fixing and no-poach agreements, the DOJ aims to ensure that labor markets remain open and competitive, thus safeguarding workers’ rights and economic opportunities.
The authors trace the DOJ’s evolving enforcement strategy, which began gaining traction around 2016 with the release of joint guidance for HR professionals and the commitment to criminally prosecute certain labor market violations. A major milestone came in April 2025, when the DOJ secured its first criminal conviction in a labor antitrust case—United States v. Eduardo Lopez. However, this victory came after several high-profile losses, including United States v. Jindal, United States v. Davita, Inc., and United States v. Manahe, where defendants were acquitted. These cases illustrate the legal and evidentiary challenges the DOJ faces in defining and prosecuting labor-based antitrust offenses.
To address these challenges and further solidify the role of labor in antitrust enforcement, the DOJ and FTC issued updated Antitrust Guidelines in January 2025. These revised guidelines broaden the application of antitrust law beyond consumer markets to explicitly include worker protections. By recognizing workers as key stakeholders in competitive markets, the agencies are reinforcing their commitment to using antitrust tools to promote fairness not only for consumers but also for employees…