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Biden Administration Strengthens Antitrust and Labor Agency Cooperation in Merger Reviews

2024-08-30 23:40:11.379000

On August 28, 2024, the Federal Trade Commission (FTC) and the Department of Justice (DOJ) signed a Memorandum of Understanding (MOU) with the Department of Labor (DOL) and the National Labor Relations Board (NLRB) to enhance the merger review process. This initiative aims to investigate the impacts of mergers on labor markets, reflecting the Biden Administration's commitment to a 'Whole of Government Approach' to competition [2d31f371]. Under this agreement, the DOL will provide training on jurisdictional issues, while the NLRB will focus on training regarding bargaining obligations and unfair labor practices. The agencies will meet biannually to coordinate their activities, signaling a more integrated approach to scrutinizing mergers and their potential effects on employment [2d31f371].

This new cooperation initiative supplements a previous MOU established in September 2023 between the FTC and DOL, which also aimed to address labor market concerns in the context of antitrust reviews. The collaboration is expected to lead to increased scrutiny of employers during merger evaluations and could result in more antitrust investigations related to labor practices [2d31f371].

In addition to these developments, on June 26, 2024, the Nebraska Farmers Union (NeFU) expressed its support for the DOJ's decision to expand its Chicago office and increase staffing dedicated to civil and criminal enforcement in the agricultural sector. This move aligns with President Biden's Executive Order on Promoting Competition in the American Economy, which aims to address antitrust, competition, and fairness issues within agricultural supply chains. NeFU President John Hansen commended the efforts of the National Farmers Union (NFU) President Rob Larew and the NFU staff for their work in setting up meetings with government agencies and departments [756d91e9].

The DOJ's Antitrust Division plans to increase both civil and criminal antitrust enforcement in the agriculture sector, creating an enforcement team focused on this industry. This announcement follows several large agricultural antitrust enforcement actions brought by the DOJ in recent years, including high-profile criminal prosecutions in the broiler chicken industry and the first-ever Packers and Stockyards Act (PSA) case. The DOJ is collaborating with the USDA to enforce the PSA, further emphasizing the administration's comprehensive approach to promoting competition in the U.S. economy [278c976b].

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