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COMPETITION LAW AND EMPLOYMENT RESTRICTIONS: A PAN-EUROPEAN COMPARISON

Increasingly, competition authorities are targeting anti-competitive agreements related to the employment of staff. The restriction is deemed to occur between competing employers, who compete for employee talent. Agreements between them to hold down wages or to refrain from poaching or hiring each others staff are considered serious breaches of competition law, which distort the free running of the market for labour services. We were pleased to collaborate with other members of the Antitrust Alliance in conducting a survey on the state of play across Europe (including the UK) with regard to antitrust enforcement against employment restrictions. This article summarises our findings and highlights key developments (and broad consensus) across 11 jurisdictions. Non-compete clauses can also violate employment laws, although here we found a more divergent picture across the jurisdictions, some labour laws being more interventionist than others.

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