1988Minnesota law reviewOpen access

Redefining the Antitrust Labor Exemption

Daniel J. Gifford

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Abstract

Congress urgently needs to reformulate the antitrust labor exemption.Courts and legal scholars alike 1 have largely neglected the legal significance of the impact of industry-wide collective bargaining on price-output decisions in concentrated industries.They have, moreover, attended even less to the skewing tendencies produced by the almost universally practiced seniority system on labor union bargaining strategies.This Article contends that a coherent reconciliation of antitrust and labor policies requires significant modifications in the content of labor negotiations in concentrated industries.Such

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Congress urgently needs to reformulate the antitrust labor exemption.Courts and legal scholars alike 1 have largely neglected the legal significance of the impact of industry-wide collective bargaining on price-output decisions in concentrated industries.They have, moreover, attended even less to the skewing tendencies produced by the almost universally practiced seniority system on labor union bargaining strategies.This Article contends that a coherent reconciliation of antitrust and labor policies requires significant modifications in the content of labor negotiations in concentrated industries.Such

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Available abstract

Congress urgently needs to reformulate the antitrust labor exemption.Courts and legal scholars alike 1 have largely neglected the legal significance of the impact of industry-wide collective bargaining on price-output decisions in concentrated industries.They have, moreover, attended even less to the skewing tendencies produced by the almost universally practiced seniority system on labor union bargaining strategies.This Article contends that a coherent reconciliation of antitrust and labor policies requires significant modifications in the content of labor negotiations in concentrated industries.Such

Key concepts: Business, Tax exemption, Law and economics, Labour economics, Economics, Political science, Law

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