DOJ And FTC Issue New Antitrust Guidelines Regarding Business Practices That Impact Workers

Four days before the change in administration and in the wake of several high-profile trial losses in cases involving alleged "no-poach" and wage-fixing agreements, the Federal Trade Commission (FTC) and the Department of Justice, Antitrust Division (DOJ) jointly approved new guidelines, Antitrust Guidelines for Business Activities Affecting Workers" (the "2025 Guidelines" or "Guidelines"), that explain how antitrust enforcers have identified and assessed whether an agreement or business practice affecting workers may violate the antitrust laws. The 2025 Guidelines were voted out at the FTC on a split 3-2 vote along party lines, with a brief but scathing dissenting statement from the Republican commissioners (including incoming FTC Chair Andrew Ferguson) that raises serious doubts as to how well the Guidelines reflect the approach the agencies will take during the next four years. On the eve of the incoming Trump Administration, the 2025 Guidelines replaced the