Learnings from ABA Panel on DOJ-FTC Labor Antitrust Guidance
August 8, 2025
In an article published by the ABA Antitrust Law Section, Analysis Group Manager Jenny Shen and Associate Ruoxi Xie provide a recap of an ABA webinar on the implications of the latest labor antitrust guidance in the US. The webinar, “DOJ-FTC Labor Antitrust Guidance 2.0: What’s New?”, was hosted by the Antitrust Law Section’s Distribution & Franchising Committee and moderated by Sima Namiri-Kalantari (Crowell & Moring). The panel featured Analysis Group Vice President Federico Mantovanelli, along with Brian Quinn (O’Melveny) and Holly Ovington (WilmerHale).
The webinar explored key changes introduced in the new DOJ-FTC 2025 Guidelines, which marked several significant departures and additions from the 2016 guidance. Notable updates include:
- The expansion of the term “workers” to include independent contractors
- Heightened antitrust scrutiny in the franchise sector
- Stricter limitations on information sharing between competing employers
- New areas of potential enforcement, including non-compete agreements
The authors highlight the panelists’ reflections on the potential economic impact of the 2025 Guidelines. They include Dr. Mantovanelli’s observation that the new guidance could curb practices – such as no-poach agreements within the franchise context and non-compete clauses – that may have procompetitive effects in some circumstances. The article concludes with a summary of the panelists’ perspectives on the likely trajectory of labor antitrust enforcement at both the federal and state levels.