The Hidden Cost of Cheap Labour: An Antitrust Reassessment Beyond Consumer and Labour Law

The article examines the intersection of labour issues with antitrust law, highlighting a shift from traditional consumer-focused perspectives. Historically, antitrust authorities have approached issues from the vantage of consumer protection, labour law, and human rights, often overlooking the antitrust implications of labour practices. Recently, however, there has been increased scrutiny on non-poach and non-compete agreements, with competition authorities drawing analogies between the labour market and retail markets, where workers are seen as products and companies as colluding entities. This article advances the discussion by exploring a novel antitrust concern within the labour market. By analyzing recent controversies involving Dior and Armani, accused of exploiting workers through inhumane conditions and low wages, the authors argue that labour costs, an integral component of production costs, should also be examined under antitrust frameworks. Specifically, they propose that extremely low labour costs, which can significantly reduce production costs, should be scrutinized as a form of predatory pricing. The authors suggest that current antitrust laws, which do not typically address such labour practices, should evolve to incorporate new tools to address these challenges. They draw comparisons with European antitrust approaches to propose potential solutions for integrating labour market concerns into traditional antitrust analyses.