In December 2018, Justice Catalyst Law, Towards Justice and Professor Eric Posner submitted a comment to the Federal Trade Commission urging it to begin a rulemaking procedure to determine when noncompete agreements amount to unfair methods of competition. Among the issues we urged the FTC to address were no-poach and non-hire agreements, outsourcing practices that diminish worker power, merger reviews where market compensation can harm workers, and heightened scrutiny of unfair labor practices where employers have market power.

Justice Catalyst Law’s Litigation Director Brian Shearer and Towards Justice’s David Seligman also published an OnLabor blog post on protecting worker power with antitrust law. Shearer and Seligman argued that antitrust laws are a powerful, yet underused, tool for building labor market power.