Labour market

Advocate General, Compliance, European Court of Justice, European Union, Labour market, No-poach-agreement, Restriction by effect, Restriction by object, Sport

(Hogan Lovells)/ /Leave a comment

Kick-off – the Tondela Opinion and its Background  On 15 May 2025, AG Emiliou delivered his Opinion on the request for a preliminary ruling submitted by the Portuguese Tribunal da Concorrência, Regulação e Supervisão in Tondela et al.  The Opinion was eagerly awaited, as it represents the first occasion on which a no-poach agreement –…

Germany, Labour market, Merger control

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Merger control has long been a cornerstone of competition enforcement in Germany, with the Federal Cartel Office (“FCO”) known for wielding its mandate decisively and not shying away from blocking notifiable deals if they are perceived to cause competitive harm. One example was the prohibition of CTS Eventim’s acquisition of the booking agency Four Artists…

Antitrust, Europe, Labour market, Market definition

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The application of competition rules to the conduct and concentrations of employers has been called ‘the new frontier for competition policy’ (see here). This so-called ‘labour antitrust’ has been growing rapidly especially on the other side of the Atlantic over the last fifteen years (see here). ‘All eyes are on labor’ in the United States…

Labour market, Türkiye

, , , (ACTECON)/ /1 Comment

Introduction On 03.12.2024, the Turkish Competition Authority (“TCA”) announced that the Competition Board (“Board”) had adopted the Guidelines on Competition Infringements in Labour Markets (“Guidelines”) with its decision dated 21.11.2024 and numbered 24-49/1087-RM(4), following the publication of the Draft Guidelines on Competition Infringements in Labor Markets (“Draft Guidelines”) and the receipt of public feedback. The…

Labour market, No-poach-agreement, Poland, Price fixing

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Introduction Competition law is a fundamental component of market regulation designed to prevent anti-competitive practices that can harm both consumers and the overall market structure. Traditionally, these laws have focused on agreements between competitors in specific industries. However, recent developments have extended the reach of competition law into labour markets, where violations can have equally…

European Commission, European Union, Labour market, No-poach-agreement, Restriction by object

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On 3 May, the EC published a policy brief on labor markets. The existing legal framework allows the EC and EU national competition authorities to take decisive action against anticompetitive agreements in labor markets. Wage-fixing and no-poach agreements are detrimental to competition in labor markets and should generally be qualified as restrictions by object. Wage-fixing…

Labour market, United Kingdom

, , , , , (White & Case) and (White & Case, Belgium)/ /Leave a comment

The UK’s Competition and Markets Authority (the “CMA”) has published a research report on competition and market power in labour markets. The report is likely to reinforce the CMA’s determination to use its competition law powers to tackle anti-competitive behaviour in labour markets, as well as the case for broader legislative reform.   The report…

Brazil, Labour market, Merger regulation, Mergers

, (Federal University of Paraná)/ /Leave a comment

Introduction The debate about expanding competition law goals is a hot topic in the global competition policy agenda. The return of the antitrust debate in public opinion, due to the rise of Big Techs, opened the path to new proposals regarding sustainability, democracy, innovation, and inequality as competition goals or objectives. This new agenda has…

Labour market, United Kingdom

, (White & Case) and (White & Case, Belgium)/ /Leave a comment

In a policy paper on “Smarter Regulation to Grow the Economy”, the UK government has announced proposals to limit the duration of non-compete clauses in employment contracts to three months. This proposal reflects the growing concern worldwide concerning the use of non-competes. Earlier this year, the FTC in the US took even more extreme action…

Cartels, Labour market, No-poach-agreement, Wage fixing

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A new era of cartel enforcement Competition authorities worldwide have historically focused on investigating classic cartel practices, such as price fixing, market sharing, and exchanging commercially sensitive information. These practices are primarily investigated in traditional markets, such as pharmaceuticals, technology, and retail. However, in recent years, an increasing number of antitrust agencies have been focusing…