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C+ S2:E2 - Trends in Antitrust Enforcement: No-Poach Agreements
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Labour markets have been under intense scrutiny lately with both the European Commission and national competition authorities in the EU looking into various forms of anti-competitive agreements affecting labour markets.
In this episode of Competition+ we dive into the complex world of no-poach agreements, which are essentially arrangements between companies not to hire or solicit each other's employees. We break down what these agreements entail and how they differ from other legal arrangements (such as non-compete and non-solicitation agreements), the various forms they can take, and how they often surface in practice.
Employers should be aware that competition authorities often view no-poach agreements as anti-competitive. Such agreements can carry significant risks for the company and, sometimes, for its legal representatives. It is essential to understand the limits within which employers can pursue legitimate business decisions in relation to their employees. We wrap up with actionable tips for employers and HR professionals to avoid illegal conduct and mitigate legal risks in today’s evolving environment of antitrust enforcement.
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