What steps should a private employer take to ensure they are in compliance with antitrust guidelines for business activities affecting workers?
On January 16, 2025, in the last days of the Biden Administration, the Federal Trade Commission (FTC) and Department of Justice (DOJ) jointly issued updated “Antitrust Guidelines for Business Activities Affecting Workers.” Over the next few minutes, we’ll explore what the Guidelines mean for employers who are recruiting, hiring, and seeking to retain their workers. As a threshold matter, it is important to recognize that these Guidelines were issued by the Biden administration just days before the transition to the new Trump administration, presumably in an attempt to continue to control policy from beyond the political grave . The new FTC Chair, Andrew Ferguson, has offered mixed comments relevant to the enforcement of Biden-era policies. While it appears the new administration is going to be pro-business , Chairman Ferguson has also stated that protecting workers from antitrust violations will be a priority for his team. The Guidelines seek to address activities such as the sharing o...