The authors discuss the application of federal antitrust laws to organized labor. The article, written for practitioners, defines the elements necessary to obtain a recovery in labor antitrust actions. The authors analyze the standard of review, burden of proof and the elements which the unions must show in order to be exempted from antitrust law. The focal point of the article is the comparison between the Supreme Court's most recent discussion of the labor exemption in Connell Construction Co. v. Plumbers & Steamfitters Local Union 100 and the Third Circuit's application of that exemption in Larry V. Muko v. Southwestern Pennsylvania Building Trades Council and Consolidated Express, Inc., v. N.Y. Shipping Association.
Robert A. King and Melvin L. Moser
Muko and Conex: The Third Circuit Responds to Connell ,
8 Pepp. L. Rev.
Available at: https://digitalcommons.pepperdine.edu/plr/vol8/iss1/3