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Prime Targets: Amazon, No-Poach Rules, and the Limits of Antitrust

The State of New Jersey’s antitrust case against Amazon begins with a serious allegation: that Amazon restricted drivers from moving among competing delivery contractors. But the state’s complaint goes much farther. It argues that Amazon’s entire Delivery Service Partner (DSP) system unlawfully gives the company monopsony power over both the small businesses that deliver its packages and the drivers they employ.

The complaint, filed Aug. 4, tests how far antitrust law should reach into labor arrangements. Invoking Sections 1 and 2 of the Sherman Act, the New Jersey Antitrust…

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