Antitrust and Labor Markets: A Reply to Richard Epstein

In his article, The Application of Antitrust Law to Labor Markets—Then and Now, Richard Epstein argues that rather than urge courts and regulators to apply antitrust law to labor markets, reformers who care about labor market competition should try to constrain unions. In this reply, I argue that Epstein’s assumptions about labor market structure are contradicted by mountains of empirical evidence. The anticompetitive behavior of employers causes significant harm to social welfare—both in terms of economic output and equity. Antitrust law is a valuable tool for addressing America’s ailing labor markets.

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**After this article went to press, the author accepted a position in the Antitrust Division of the Justice Department, and the article does not necessarily reflect the views of the Justice Department.**

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Antitrust Overreach In Labor Markets: A Response to Eric Posner

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The Application of Antitrust Law to Labor Markets – Then and Now