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Labor Antitrust: A Solution in Search of Evidence

 |  January 6, 2025

By: Geoffrey A. Manne & Brian Albrecht (Truth On The Market)

In this article, authors Geoffrey A. Manne & Brian Albrecht examine the growing emphasis on labor-market power in antitrust enforcement, engaging with the empirical and practical challenges of this policy focus. In a recent ProMarket piece, Eric Posner contends that robust academic evidence supports extending antitrust scrutiny to labor markets, while criticizing FTC Commissioner Melissa Holyoak’s skepticism regarding labor-related provisions in the FTC’s initially proposed Hart-Scott-Rodino (HSR) rule changes.

These proposed changes, introduced in 2023, would have required firms to report detailed information about employee demographics, workplace-safety issues, and local labor-market competition, aiming to help the FTC assess potential labor-market effects of transactions. Ultimately, the finalized HSR rules, supported unanimously by the commission, omitted these labor-market provisions.

Manne and Albrecht argue that Posner’s confidence in the evidentiary basis for expanded labor-market enforcement is overstated. As highlighted in their forthcoming paper in the DePaul Law Review, cited by Holyoak, the research on labor-market power and its implications for antitrust remains nascent.

The authors note that despite claims about the necessity of heightened antitrust action in labor markets, the empirical evidence directly linking mergers to adverse labor outcomes is sparse. Posner himself acknowledges the limited number of studies addressing wage reductions following mergers in concentrated labor markets, citing only two key papers by Elena Prager and Matthew Schmitt, and David Arnold. These studies, while significant, offer mixed findings on the effects of mergers on labor markets…

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Navigating the Legal Complexities of Canadian-Origin Marketing Claims Navigating the Legal Complexities of Canadian-Origin Marketing Claims | PYMNTS.com

Navigating the Legal Complexities of Canadian-Origin Marketing Claims

 |  April 2, 2025

By:   (Fasken)

In this piece, authors Tony Di Domenico & Musa Mansuar (Fasken) explore the legal considerations surrounding “Product of Canada” and “Made in Canada” labels, particularly as national pride surges following Canada’s recent Four Nations Cup hockey triumph over the U.S. With consumers increasingly favoring locally made goods, businesses may be eager to highlight their Canadian identity through strategic branding.

However, misrepresenting a product’s Canadian origins can lead to significant legal, financial, and reputational consequences. Before applying these labels, companies must ensure compliance with Canadian competition and advertising laws to avoid potential pitfalls.

The Competition Bureau (the “Bureau”) oversees and enforces regulations designed to prevent false or misleading claims about product origins. Key legislative frameworks include the Competition Act, the Consumer Packaging and Labelling Act, and the Textile Labelling Act, all of which work to uphold fair competition and protect consumers from deceptive marketing practices.

Below, we outline the legal and analytical framework governing these claims in Canada, along with key insights for businesses looking to navigate this regulatory landscape.

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