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ARTICLE · 09 JANUARY 2024

Federal And State Authorities Bring Antitrust Enforcement To The Contingent Workforce Sector

The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts...

United StatesAntitrust/Competition Law
  • The DOJ and State Attorneys General continue to apply federal (and state) antitrust laws to what they deem to be anticompetitive conduct by employers in the labor markets.
  • Recently, contingent workforce arrangements have been the subject of lawsuits alleging illicit agreements in restraint of trade, sometimes facilitated by the end-clients of competing staffing companies.
  • Staffing companies and businesses that participate in contingent workforce arrangements should work with counsel to ensure that their agreements and business practices do not create a risk of antitrust liability.


The U.S. Department of Justice (DOJ), Federal Trade Commission (FTC), and now state attorneys general, have set their sights on staffing companies in their evolving efforts to examine labor markets through an antitrust lens. In recent years, government agencies have stepped up efforts targeting perceived restraints on competition in the labor markets. To date,

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