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| IATSE and DGA Unite in Favor of Updated Merger Guidelines |
The International Alliance of Theatrical Stage Employees (IATSE) and the Directors Guild of America (DGA) have jointly expressed their support for proposed changes to the Federal Trade Commission (FTC) and U.S. Department of Justice (DOJ) Merger Guidelines. These guidelines serve as the foundation for the evaluation of mergers and acquisitions to ensure compliance with federal antitrust laws.
FTC Chairwoman Lina M. Khan emphasized the importance of maintaining open, competitive markets as a fundamental element of America's economic success. She stressed the need for vigilant enforcement of antitrust laws to safeguard this success.
Attorney General Merrick B. Garland echoed this sentiment, underscoring the potential threat posed by unchecked consolidation to free and fair markets, upon which the nation's economy relies. Garland emphasized that the updated Merger Guidelines are designed to address modern market realities and enhance the Justice Department's ability to protect the public from the adverse effects of anticompetitive mergers.
The agencies have invited the public to participate in the review process by providing feedback on the draft guidelines. This public comment period is open until September 18, 2023, and the agencies will consider this input to refine and finalize the guidelines.
In a joint letter signed by IATSE International President Matthew D. Loeb and DGA National Executive Director Russell Hollander, the organizations shared their perspective on the proposed guidelines. They viewed these changes as a crucial shift that would allow the government to scrutinize the impact of consolidation and vertical integration in the entertainment industry, particularly concerning their members and other workers in the film and television sector.
The letter highlighted the industry's transformation, with the rapid growth of online streaming and the dominance of a few tech giants prompting major studios to withhold content from the open market. Instead, studios are focusing on building subscription streaming platforms that exclusively feature their self-produced content. This shift has had detrimental consequences for workers, including those represented by DGA and IATSE, affecting job security, wages, benefits, residual payments, working conditions, and opportunities to create diverse content.
The letter pointed out that, despite Congress's original intent in the Sherman Act of 1890, which encouraged the government to consider the impact of monopolies and anticompetitive behavior on labor markets, regulators had primarily focused on the consumer welfare standard. This standard primarily considered allocative efficiency and the cost and quality of products and services. However, the proposed guideline number 11 signals a shift towards the consideration of labor market competition as a key factor in evaluating mergers.
In conclusion, the joint letter commended the proposed merger guidelines as a positive step forward for American workers and the labor unions that advocate for them. IATSE, also known as the International Alliance of Theatrical Stage Employees, represents over 168,000 technicians, artisans, and craftspersons across the entertainment industry in the United States and Canada. Their support for these guideline changes reflects their commitment to protecting the interests of workers in the evolving landscape of the entertainment industry.
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