2023-09-28 14:46:10 +00:00
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abstract: 'Not long ago, economists denied the existence of monopsony in labor
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markets. Today, scholars are talking about using antitrust law to
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counter employer wage -setting power. While concerns about inequality,
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stagnant wages, and excessive firm power are certainly to be welcomed,
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this sudden about-face in theory, evidence, and policy runs the risk of
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overlooking some important concerns. The purpose of this Essay is to
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address these concerns and, more critically, to discuss some tensions
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be-tween antitrust and labor law, a more traditional method for
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regulating labor mar-kets. Part I addresses a question raised in the
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very recent literature, about why an-titrust has not been a traditional
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tool of labor market regulation. Part II addresses some drawbacks in the
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social objectives of antitrust regulation, namely, the so-called
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consumer welfare standard or, as proposed for the labor market, the
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worker wel-fare standard, and suggests an alternative standard. Finally,
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Part III asks whether antitrust is an appropriate response to labor
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market monopsony. That Part shows that there are some significant
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tensions between antitrust and labor law and, given those tensions,
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explains why more traditional methods of wage regulation, collective
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bargaining, and even minimum wage legislation offer some distinct
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advantages.'
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affiliation: 'Dimick, M (Corresponding Author), Univ Buffalo, Sch Law, Law, Buffalo,
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NY 14260 USA.
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Dimick, Matthew, Univ Buffalo, Sch Law, Law, Buffalo, NY 14260 USA.'
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author: Dimick, Matthew
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author_list:
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- family: Dimick
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given: Matthew
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da: '2023-09-28'
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files: []
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issn: 0041-9494
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journal: UNIVERSITY OF CHICAGO LAW REVIEW
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keywords-plus: 'FAST-FOOD INDUSTRY; MINIMUM-WAGE; LEGAL RULES; INCOME-TAX; MONOPOLISTIC
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COMPETITION; UNITED-STATES; NEW-JERSEY; EMPLOYMENT; INEQUALITY;
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EFFICIENCY'
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language: English
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month: MAR
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number: '2'
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number-of-cited-references: '134'
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pages: 379-436
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papis_id: da4d4c3f6110b0bc18288dbe7cc5587a
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ref: Dimick2023conflictlaws
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times-cited: '0'
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title: Conflict of Laws? Tensions Between Antitrust and Labor Law
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2023-10-01 08:15:07 +00:00
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type: article
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2023-09-28 14:46:10 +00:00
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unique-id: WOS:000952272400004
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usage-count-last-180-days: '1'
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usage-count-since-2013: '1'
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volume: '90'
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web-of-science-categories: Law
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year: '2023'
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