August 28, 2024

The Departments of Labor (DOL) and Justice (DOJ), as well as the Federal Trade Commission (FTC), and National Labor Relations Board (NLRB) signed a memorandum of understanding (MOU) for the stated purpose of strengthening competition by better coordinating information used by antitrust agencies to evaluate potential labor market impacts of mergers and acquisitions. The MOU sets out several methods for the agencies to obtain and share relevant information on labor issues during merger investigations, including: (1) soliciting information from relevant worker stakeholders and organizations; (2) seeking the production of information and data related to labor markets in voluntary access letters and Requests for Additional Information and Documentary Material (Second Requests) issued to filing entities; (3) searching publicly available sources of information made available by DOL, including worker and employer statistical data, as well as information on labor standards enforcement activity by the Wage and Hour Division and Occupational Safety and Health Administration; and (4) searching publicly available sources of information made available by the NLRB, including enforcement and representation cases involving the entities at issue, and/or others in the relevant labor markets.

Additionally, DOL will provide training to staff at the FTC and DOJ on labor issues under DOL’s jurisdiction, while the NLRB will train staff at the FTC and DOJ on the duty to bargain in good faith, successor bargaining obligations, and unfair labor practices, among other topics. The DOL, NLRB, DOJ and FTC will also endeavor to meet bi-annually to discuss implementation and coordination of the activities described in the MOU.

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