Panelists Including Managing Principal Jee-Yeon Lehmann Discuss International Labor Issues at Concurrences’ New Frontiers of Antitrust Conference

October 10, 2022

Concurrences’ 13th annual New Frontiers of Antitrust conference was held in Paris, France on June 21, 2022. The event was co-sponsored by Analysis Group and featured several panels of industry leaders who addressed international antitrust issues.

Analysis Group Managing Principal Jee-Yeon Lehmann joined a panel entitled, “Labor and Competition: Non-Poaching Agreements, Status of Platform Workers: What Are the Risks?”. Panelists including Dr. Lehmann, Elvira Aliende Rodriguez (Shearman & Sterling), Stanislas Martin (France’s Competition Authority), Martijn Snoep (Netherlands Authority for Consumers and Markets), and moderator Frédéric Jenny (OECD Competition Committee, Paris) compared labor antitrust issues in the US and Europe.

Dr. Lehmann spoke to three recent developments that have shaped the landscape of labor market antitrust litigation in the US, highlighting a 2010 US Department of Justice (DOJ) investigation into high tech companies regarding no-poach agreements, a 2016 joint DOJ and US Federal Trade Commission (FTC) guide published for human resources professionals, and the Biden administration’s emphasis on labor market competition in connection with its antitrust enforcement agenda. She also noted the DOJ’s determination to bring criminal prosecutions of perceived anticompetitive conduct in labor markets, despite the agency’s defeats in US v. Jindal and US v. DaVita and Kent Thiry, and she briefly discussed the DOJ’s approach in both cases.