Home Entertainment Why antitrust law should protect workers, not just consumers

Why antitrust law should protect workers, not just consumers


Deslandes’s case is interesting to Posner mainly as a launching point to explore the broader phenomenon of no-hire rules within franchises. (He never clearly states how her legal case was pursued or if it has concluded.) If I had one quibble with the book, it’s that Posner doesn’t delve fully into the equity implications of his work. We learn several times, and with some valuable context, that low-income workers have indeed been affected by shortcomings in antitrust law and litigation. He tells us, for instance, that nearly 35 percent of lower-income workers without a bachelor’s degree were subject to noncompetes at some point in their lives (somewhat lower than the percentage with at least a bachelor’s degree). And he tells us that “no-poaching agreements for low-skill workers are almost certainly socially harmful. . . . The workers — poorly paid, vulnerable, and unlikely to have access to legal counsel — are harmed, and production is reduced.”

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