Recent Cases Preview Continued Antitrust Scrutiny Of Labor Markets During The Second Trump Administration

Antitrust scrutiny of labor markets is far from dead. Despite the FTC and DOJ Antitrust Division suffering several prominent defeats of major labor antitrust initiatives in recent years—including courts blocking the FTC's rule banning non-competes and juries rejecting DOJ no-poach prosecutions—the agencies continue to pursue a variety of labor-focused actions. Further, incoming Trump administration antitrust leaders have indicated that they will continue to scrutinize labor restrictions, although they may be more discriminating in deciding when to bring cases.

Recent developments in three antitrust matters—In the Matter of Guardian Service Industries, Inc., In the Matter of Planned Building Services, Inc., and St. Joseph's Hospital Health Center v. American Anesthesiology of Syracuse, P.C.—illustrate that public and private antitrust enforcement targeted at labor restrictions is likely to continue during the second Trump administration. Together,