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No-poach agreements, the sharing of pay information or even informal discussions between HR professionals at competing companies may raise significant Competition Law concerns.
In an article published in RH Magazine, Pedro Antunes, Partner in the Labour practice at CCA Law Firm, examines the increasing scrutiny by competition authorities of companies’ practices in the labour market and the risks this creates for Human Resources departments.
In this context, he notes that “Companies do not compete only for customers or on the price of their products and services. They also compete for talent.”
Drawing on recent decisions by the European Commission and the UK Competition and Markets Authority (CMA), the article addresses practices such as no-poach agreements, arrangements concerning pay and the exchange of salary information between competing companies, highlighting the line between legitimate benchmarking practices and conduct that may restrict competition.
The article therefore highlights the importance of HR departments incorporating Competition Law considerations into their compliance policies and exercising particular care when sharing information or engaging with competing companies.
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- RH MAGAZINE