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English
Oxford University Press Inc
05 January 2022
A trenchant account of an unacknowledged driver of inequality and wage stagnation in America: the failure of antitrust law to prevent the consolidation of employers, who use their market power to suppress wages. Since the 1970s, Americans have seen inequality skyrocket--and job opportunities stagnate. There are many theories of why this happened, including the decline of organized labor, changes in technology, and the introduction of tax policies that favored the rich. A missing piece of the puzzle is the consolidation of employers, which has resulted in limited competition in labor markets. This should have been addressed by antitrust law, but was not. In How Antitrust Law Failed Workers, Eric Posner documents the failure of antitrust law to address labor market concentration. Only through reforming antitrust law can we shield workers from employers' overwhelming market power. Antitrust law is well-known for its role in combatting mergers, price-fixing arrangements, and other anticompetitive actions in product markets. By opposing these practices, antitrust law enhances competition among firms and keeps prices low for goods and services. Less well-known, antitrust law also applies to anticompetitive conduct by employers in labor markets, which pushes wages below the competitive rate. Yet there have been few labor market cases or enforcement actions, and almost no scholarly commentary on the role of antitrust law in labor markets. This book fills the gap. It explains why antitrust law has failed to address labor market concentration, and how it can be reformed so that it does a better job.

Essential reading for anyone interested in fighting economic inequality, How Antitrust Failed Workers also offers a sharp primer on the true nature of the American economyDLone that is increasingly uncompetitive and tilted against workers.

By:  
Imprint:   Oxford University Press Inc
Country of Publication:   United States
Dimensions:   Height: 152mm,  Width: 239mm,  Spine: 23mm
Weight:   488g
ISBN:   9780197507629
ISBN 10:   019750762X
Pages:   256
Publication Date:  
Audience:   General/trade ,  ELT Advanced
Format:   Hardback
Publisher's Status:   Active
TC

Eric A. Posner is Kirkland and Ellis Distinguished Service Professor of Law, University of Chicago. His most recent books are Radical Markets (with Glen Weyl), which was named a best book for 2018 by The Economist; and Last Resort: The Financial Crisis and the Future of Bailouts, which was named a best book for 2018 by The Financial Times. He is of counsel at MoloLamken LLP, a fellow of the American Academy of Arts and Sciences, and a member of the American Law Institute. He has written extensively for popular media outlets, including The New York Times, The Wall Street Journal, and The Washington Post, and testified before Congress.

Reviews for How Antitrust Failed Workers

A tight, progressive reasoning for the exercise of antitrust labor market protection. -- Kirkus This important book develops the 'new learning' about labor market power. The returns to capital and those to labor have diverged sharply, reducing labor's participation rate in business profits. One reason is that labor markets are smaller than we once thought, giving employers more power to suppress wages. As Posner explains with clarity and force, antitrust has too often looked askance when confronted with anticompetitive practices targeting labor, such as overly aggressive noncompetition agreements, franchise restraints on worker mobility, and mergers that put downward pressure on wages. An important read for anyone interested in policy concerning competition, labor, and economic equality. -- Herbert Hovenkamp, James G. Dinan University Professor, University of Pennsylvania Carey Law School Antitrust law has long turned a blind eye to the role of employer market power in slow wage growth and growing inequality. Eric Posner provides a much-needed corrective with his compelling, comprehensive and carefully reasoned documentation of the failures of the current system. More importantly, Posner lays out a reform agenda to address everything from outright collusion in wage setting to noncompete agreements. This book should be required reading for anyone who wants to understand the problems with American labor markets or is seeking to fix them. -- Jason Furman, Former Chair Council of Economic Advisers and Professor of the Practice of Economic Policy, Harvard University Recent decades have seen a big shift in the balance of power in the job market away from workers and toward big employers, and it has contributed to the rise in inequality. Posner explains how antitrust policy might have helped prevent it and reduce inequality. Antitrust fights anticompetitive practices that harm consumers and it could fight anticompetitive practices in the job market that harm workers the same way. The book melds the new economic thinking on the topic with Posner's keen legal insight in an accessible way. -- Austan Goolsbee, Former Chairman of Council of Economic Advisers and Robert P. Gwinn Professor of Economics, the University of Chicago Booth School of Business


  • Winner of Selected as one of the Best Political Economy Books of 2021 by ProMarket.

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