Antitrust Employment Guidelines Issued by Biden Administration Days Before the Transfer of Power Are Now in Question
On January 16, 2025, just days before transferring power to the new administration, the Federal Trade Commission (FTC) and Department of Justice (DOJ) issued updated Antitrust Guidelines for Business Activities Affecting Workers (Guidelines) aimed at addressing business practices that impact workers. The guidelines reflect the former administration’s commitment to protecting labor markets from what it perceived as anticompetitive conduct . The timing of their release and the Trump administration’s stance, however, suggest that enforcement may not be as aggressive under the Trump administration as it would have been under the Biden administration. Overview of the New Antitrust Guidelines The FTC and DOJ’s updated Guidelines focus on anticompetitive practices in labor markets, such as wage-fixing, no-poach agreements, and other collusive behaviors that impact workers. These guidelines build on prior efforts, including the 2016 Antitrust Guidance for Human Resource P...