Antitrust and Competition
No-Poach Agreements: A Global Antitrust Issue
No-poach agreements, also known as non-solicitation agreements, are contracts or arrangements between employers to refrain from soliciting, hiring, or requiring prior approval before hiring each other's employees. These agreements, which can take various forms, aim to reduce competition in labour markets. They also carry the risk of suppressing wages and limiting job opportunities for employees. While such agreements may be pursuant to ancillary legitimate restrictions, they are often viewed as horizontal cartel agreements necessitating a per se approach. This article examines the global perspective on no-poach agreements, how different jurisdictions are approaching this complex issue from a competition law perspective and our thoughts on how the Indian competition authority i.e. the Competition Commission of India (CCI) is likely to approach these agreements.
04 August 2025