Fighting monopsony, a lack of competition that harms workers

Similar documents
10 TH ANNUAL HEALTH CARE PRACTITIONER S ROUNDTABLE VBA HEALTH LAW SECTION

Antitrust Law: A Current Foe, but Potential Friend, of Workers. Sandeep Vaheesan * Introduction

How the Federal Trade Commission Can Help Instead of Hurt Workers

Pre-Merger Notification Survey. MEXICO Basham, Ringe y Correa S.C.

Antitrust Analysis of Information Exchanges in the Health Care Field and Beyond: The Detroit Nurses Case

CPI Antitrust Journal November 2010 (1)

Antitrust Policy in Mexico

Public-Sector Unions and the Changing Structure of U.S. Unionism

In 2016, the Federal Trade Commission prevailed in litigation before the

AN OVERVIEW OF THE DRAFT CHINA ANTIMONOPOLY LAW. H. Stephen Harris, Jr. *

LEGAL UPDATE MICROSOFT: EXCLUSIVE DEALING UNDER SECTION 1 OF THE SHERMAN ACT: A NEW STANDARD? Shannon A. Keyes

Alexandre Ditzel Faraco, Ana Paula Martinez and Mariana Tavares de Araujo. Legal objective

Competition law and competition policy: lessons from developing and transition economies

International Competition Network Unilateral Conduct Working Group Questionnaire

Brazil. Alexandre Ditzel Faraco, Ana Paula Martinez and Mariana Tavares de Araujo. Levy & Salomão Advogados

Antitrust IP Competition Perspectives

Pre-Merger Notification Jersey

Wages and Inequality: How resetting rules of labor market generated wage stagnation and inequality

UK Merger Control Under the Enterprise Act slaughter and may. January 2011

Client Update Major Competition Law Reform in Israel

Patents, Tying and Market Power: The Implications of ITW v. Independent Ink for Antitrust Claims Against IP Owners

Anglo-American Law. Leegin Creative Leather Products, Inc. V. Psks, Inc., Dba Kay s Kloset, Kay s Shoes. Aykut ÖZDEMİR* * Attorney at law.

Measuring competitive harm against the relevant counterfactual

COMPARATIVE ANALYSIS OF MERGER CONTROL POLICY. Lessens for China

International Competition Network Unilateral Conduct Working Group Questionnaire

Pre-Merger Notification Survey. URUGUAY Guyer & Regules

ABA Antitrust Section Fall Forum Legislation: What is Congress Doing?

Anti-Trust Law - Applicability of Section 7 of the Clayton Act to Bank Mergers - United States v. Philadelphia National Bank, 374 U.S.

Justin Wolfers Wharton School, U.Penn CEPR, IZA & NBER. Princeton, New Directions Conference April 8, 2006

Case 1:12-cv BLW-REB Document Filed 11/16/12 Page 1 of 31

Earnings Differences. Chapter 17. Skill Differentials. The Demand for High-Skilled and Low- Skilled Labor. Union-Nonunion Wage Differentials

REPORT OF THE COMPETITION & ANTITRUST COMMITTEE

CHINA S MERGER CONTROL POLICY: PATTERNS OF NEW DEVELOPMENTS

Pre-Merger Notification Guide. URUGUAY Guyer & Regules

Development in Competition Law and Policy (Indonesia Progress) *

Client Advisory. United States Antitrust Guidelines. Corporate Department. I. The U.S. Antitrust Laws. July 2013

Market failure in labour markets

Rules changes, merger data, and a surprising FTC loss

Introduction. by Filippo Balestrieri, 1 Federico G. Mantovanelli, 2 and Shannon Seitz 3 ; Analysis Group, Inc.

Brazil. Alexandre Ditzel Faraco, Ana Paula Martinez and Mariana Tavares de Araujo. Levy & Salomão Advogados. Antitrust law

Adjusting to Trade Liberalization: Reallocation and Labor Market Policies. by Kerem Cosar

ERGP REPORT ON CORE INDICATORS FOR MONITORING THE EUROPEAN POSTAL MARKET

Key Learning: There are principles and documents of government. Unit Essential Question: What are the principles and documents of government?

DAVID GILO, CURRICULUM VITAE

Merger Antitrust Law: Introduction to Substance and Process. Dale Collins Merger Antitrust Law Georgetown University Law Center

COMPETITION AND ANTITRUST LAW

THE MULTIFACETED NATURE OF FAIRNESS IN COMPETITION POLICY

Antitrust More than a Century After Sherman: Why Protecting Competitors Promotes Competition More than Economically Efficient Mergers

IN THE COMPETITION APPEAL COURT AFRICAN MEDIA ENTERTAINMENT LIMITED

Restrictive Trade Practices Law

Introduction. Equilibrium in a Single Competitive Labor Market. (Pareto) Efficiency. Competitive Equilibrium Across Labor Markets.

International Competition Network Unilateral Conduct Working Group Questionnaire

IN THE COMPETITION APPEAL COURT AFRICAN MEDIA ENTERTA INMENT LIMITED

STATE ATTORNEYS GENERAL AND HOSPITAL MERGERS PART II. Carl S. Hisiro and Kevin J. O'Connor 1

Governance Guidelines

LAW NUMBER 5 YEAR 1999

Case 1:05-cv MRB Document 27 Filed 09/08/2006 Page 1 of 8 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION

CPI Antitrust Chronicle July 2012 (1)

Political Contestability and Contract Rigidity An Analysis of Procurement Contracts

Highlights of Council Governance

RESPONSEt EVALUATING MERGER ENFORCEMENT DURING THE OBAMA ADMINISTRATION

Trade Associations in Asia: A Predictable Focus of the Authorities

Roundtable on Safe Harbours and Legal Presumptions in Competition Law - Note by Germany

1. The definition of historically disadvantaged persons (clause 1: section 1);

The Third Circuit Hershey Pinnacle Hospital Merger Decision

A Presentation by. Years of Expert Professional Services

Antitrust and Refusals To Deal after Nynex v. Discon

Worksheets on European Competition Law

Jurisdiction, Choice of Law and Dispute Resolution in

Trade and Commerce Laws

ANTITRUST AND INTELLECTUAL PROPERTY: A BRIEF INTRODUCTION

June 3, Introduction

The Americans (Reconstruction to the 21st Century)

Concluding observations on the fourth periodic report of Portugal *

Roundtable on: The Impact of Cartels on the Poor

Economic Systems and the United States

Antitrust and Intellectual Property

United States ELEANOR M. FOX AND ROBERT PITOFSKY. Goals of US Competition Policy. Economic and Noneconomic Goals

TRADE COMPETITION ACT B.E *

Congressional Digital Collection Supporting Research and Education. Area of Practice: Antitrust Law

Patent Misuse. William Fisher November 2017

ECON 1100 Global Economics (Section 03) Exam #1 Fall 2009 (Version D) Multiple Choice Questions ( 2. points each):

Restraints of trade and dominance in Switzerland: overview

UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION. In the Matter of Your Therapy Source, LLC et al. FTC File No.

As Passed by the Senate. Regular Session Sub. S. B. No

THE OECD COMPETITION LAW AND POLICY INDICATORS QUESTIONNAIRE

Summary of Discussion Points. Presented by the Business and Industry Advisory Committee (BIAC) to the OECD Competition Committee Working Party No. 3.

A Competition Law for Hong Kong

The New Brigade Constitution for NSW Rural Fire Brigades

The Effects of Housing Prices, Wages, and Commuting Time on Joint Residential and Job Location Choices

RESTRICTIVE TRADE PRACTICES LAW,

Curriculum Vitae. Michael D. Whinston

INTEL AND THE DEATH OF U.S. ANTITRUST LAW

Global Forum on Competition

7. COMPETITION LAW AND IMPACT ON ADVERTISEMENTS

Organisation for Economic Co-operation and Development DAF/COMP/GF/WD(2017)6. Cancels & replaces the same document of 17 November 2017

COMMENTARY JONES DAY. DECEMber 2008

COMMENTS OF THE AMERICAN BAR ASSOCIATION SECTIONS OF ANTITRUST LAW AND INTERNATIONAL LAW ON THE AMENDMENT TO THE RESTRICTIVE TRADE PRACTICES LAW

Restrictive Trade Practices Law 1988

Suspensory Effects of Merger Notifications and Gun Jumping - Note by the European Union

Transcription:

Fighting monopsony, a lack of competition that harms workers Ioana Marinescu University of Pennsylvania & NBER Harvard Law, June 2018 Ioana Marinescu, UPenn & NBER Fighting monopsony Harvard Law, June 2018 1 / 9

Labor market concentration Product market is concentrated when a few companies realize most of the sales, e.g. mobile telecom. Labor market is concentrated when most jobs are held by just a few companies. Economic theory predicts that product market concentration (monopoly) increases prices and labor market concentration (monopsony) decreases wages. The Herfindahl-Hirschman Index (HHI) in market m and year-quarter t is HHI m,t = 10, 000 J j=1 s 2 j,m,t where s j,m is the market share of firm j s vacancies in market m. Ioana Marinescu, UPenn & NBER Fighting monopsony Harvard Law, June 2018 2 / 9

Legal significance of labor market concentration Antitrust agencies horizontal merger guidelines (Department of Justice / Federal Trade Commission, 2010). FTC/DOJ: an HHI above 1500 is moderately concentrated, and above 2500 is highly concentrated. A merger that increases the HHI by more than 200 points, leading to a highly concentrated market is presumed likely to increase market power. The same HHI threshold applies to seller and buyer power, hence relevant for the labor market. Define a labor market by a combination of occupation, commuting zone and quarter: e.g. accountants and auditors in Boston in the first quarter of 2016. Ioana Marinescu, UPenn & NBER Fighting monopsony Harvard Law, June 2018 3 / 9

The majority of US labor markets are highly concentrated HHI Concentration Category Very High (5000-10000) High (2500-5000) Moderate (1500-2500) Low (0-1500) No data From Azar, Marinescu, Steibaum and Taska (2018), using 2016 data from Burning Glass Technologies. Ioana Marinescu, UPenn & NBER Fighting monopsony Harvard Law, June 2018 4/9

Higher concentration is associated with lower wages Log Real Wage 10.3 10.4 10.5 10.6 10.7-4 -3-2 -1 0 Log HHI (Vacancies) From Azar, Marinescu, and Steibaum (2017), using data from CareerBuilder.com. After controlling for many factors, we find that a 10% higher HHI is associated with 0.4% to 1.5% lower posted wages. Ioana Marinescu, UPenn & NBER Fighting monopsony Harvard Law, June 2018 5 / 9

Merger analysis Labor market concentration has increased since 1977 (Benmelech, Bergman, and Kim 2018). Antitrust enforcement that is sensitive to anticompetitive effects in the labor market may have limited this trend. Hovenkamp and Marinescu (2018) discuss how labor market effects can be incorporated in a merger review. Following the Horizontal Merger Guidelines 2010: a merger that increases the labor market HHI by more than 200 points, leading to a highly concentrated market is presumed likely to increase market power. Given high labor market concentration, many mergers could be affected. Ioana Marinescu, UPenn & NBER Fighting monopsony Harvard Law, June 2018 6 / 9

Anti-poaching agreements Agreements by companies not to poach each other s workers are unlawful and contribute to increasing labor market concentration by limiting workers opportunities. Anti-poaching agreement shows that two companies compete for workers in the same market, and that collusion is profitable. Anti-poaching agreement is evidence that a merger will likely lead to anti-competitive wage suppression. Ioana Marinescu, UPenn & NBER Fighting monopsony Harvard Law, June 2018 7 / 9

Non-competition agreements Non-competition agreements limit workers opportunities to work for a company s competitors after they leave their employer. Non-competition agreements increase labor market concentration by limiting the number of employers who can effectively compete for workers. Non-competition agreements should be added to other factors mentioned in the Merger Guidelines as affecting the significance of a given concentration level. Ioana Marinescu, UPenn & NBER Fighting monopsony Harvard Law, June 2018 8 / 9

Conclusion Labor market concentration is high, and has been on the rise. Labor market concentration is associated with lower wages. Antitrust enforcement can readily take into account anticompetitive effects in the labor market. Ioana Marinescu, UPenn & NBER Fighting monopsony Harvard Law, June 2018 9 / 9