Signs Point To FTC Continuing Labor Market Focus, But Using Different Tools

Despite predictions of a dramatic shift in enforcement priorities at the Federal Trade Commission (FTC) with the change in presidential administrations, the Trump administration is likely to continue the Biden administration's aggressive antitrust enforcement in labor markets. Recent comments by new FTC Chairman Andrew Ferguson and President Trump's pick to fill the remaining seat on the five-member commission, Mark Meador, suggest that the Ferguson-led FTC will continue to prioritize enforcement against actions that harm workers. This could include enforcement against noncompete, no-poach and nonsolicitation agreements as well as labor-side considerations in merger enforcement. But while the goals may appear similar, the FTC's approach will likely change, with the agency using different tools and citing different authorities than it did under former Chair Lina Khan.