劳动力市场的反垄断执法

中文摘要

直到最近, 反垄断法在劳动力市场中才鲜有执行。尽管劳动力市场势力的存在早已得到承认, 但直至近期才出现证据表明, 这种市场势力经常源于依反垄断法可予追责的因素。自2010年以来, 反垄断机构已大幅增加针对劳动力市场的执法行动。然而, 许多与执法相关的问题仍未得到解答, 例如如何对劳动力市场进行市场界定, 以及如何最恰当地将集中度纳入劳动力市场模型。本文回顾反垄断如何开始被应用于劳动力市场、支持与反对其应用的证据, 以及阻碍其更有效运用的尚存证据缺口。

Abstract

Until recently, antitrust laws were rarely enforced in labor markets. Although the existence of labor market power has long been recognized, evidence only recently emerged that such market power regularly arises from sources that are actionable under antitrust law. Since 2010, antitrust agencies have substantially increased labor market enforcement actions. However, many questions relevant to enforcement remain unanswered, such as how to conduct market definition for labor markets and how best to incorporate concentration into models of the labor market. This article reviews how antitrust is beginning to be used in labor markets, the evidence for and against its use, and the remaining evidence gaps standing in the way of more effective use.