An Often-Ignored Antitrust Doctrine Puts the Economy in the Public's Hands
Hi everyone,
Recent labor reforms in California and New York reflect a growing awareness that low-wage workers in certain industries face poor working conditions and inadequate pay. Fast food workers in California and nail salon workers in New York have long struggled with poverty-level wages, few benefits, erratic schedules, and a plethora of health and safety issues. California recently enacted a law that will help ameliorate some of the problems for fast food workers and New York has a similar bill to help nail salonists.
Both of these proposals rely on an often-ignored antitrust doctrine called Parker Immunity. It is a critical mechanism that states can use to make our economy fairer and more democratic. As I explain in a new article just published in The Sling, Parker Immunity provides a means for states to help workers, raise wages, and increase working conditions while not violating the antitrust laws. In other words, Parker Immunity puts control of the economy in the hands of the public. More states should take advantage of this doctrine and enact policies similar to California and New York across their economies.
Of course, a lot of conservative antitrust scholars hate Parker Immunity. I equate that to having a fetish for judicial control over the economy and a desire to inhibit the public from structuring their markets.
The article can be read here: https://www.thesling.org/more-states-should-take-advantage-of-an-antitrust-doctrine-to-make-our-economy-fairer-and-more-democratic/
For those interested, I also have a forthcoming law review on the topic that will greatly expand on what I have written. Feel free to message me if you are interested in reviewing.