Labour Markets Under Pressure: EU Antitrust Authorities Impose Fines For No-poach Agreements

No-poach agreements have come under scrutiny by the antitrust authorities: For the first time, the European Commission has imposed fines for cartel agreements in the labour market. With its decision of 2 June 2025 (AT.40795), it clarifies that the "war for talent" must not be slowed down by a mutual no-poach agreement. Just one week later, the French antitrust authority followed suit and also sanctioned no-poach agreements with heavy fines (Adlc, decision no. 25-D-03 of 11 June 2025). In this article, we explain the antitrust guidelines for no-poach agreements and show how companies can minimise their risk of fines.

What are no-poach agreements?

No-poach agreements are agreements between companies in which they undertake not to actively solicit ("non-solicit") or hire ("no-hire") employees from the other company.