FTC and DOJ Signal Continued Interest in Labor Markets with New MOU

On August 28, 2024, the Federal Trade Commission (FTC) and the U.S. Department of Justice (DOJ) entered into a new Memorandum of Understanding (MOU) with the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB).

As stated in the FTC’s press release, the purpose of the new MOU is to “enhance [the] ability of the FTC and DOJ to investigate the impact of mergers and acquisitions on labor markets.” The MOU makes clear that it is meant to supplement and not supersede prior bilateral agreements between the agencies.

Under the MOU, the DOL and NLRB will provide training to FTC and DOJ antitrust enforcement staff. The DOL will provide training on issues that are under the DOL’s jurisdiction, while the NLRB will provide training on bargaining issues, including unfair labor practices. The MOU also provides that the agencies will “endeavor” to meet biannually. Perhaps most instructive as to the interests of the FTC and DOJ are the appendices, which detail the publicly available data to be used by the antitrust agencies when conducting antitrust investigations into the labor markets.