A General Assessment Of No-Poach Agreements

1. WHAT IS NO-POACH AGREEMENTS?

In the flow of economic and commercial life, it is a normal situation for companies operating in the same sector to compete with each other in order to strengthen their market shares and to get ahead of their competitors. As a requirement of this situation, rival companies seek and recruit candidates with similar qualifications while recruiting. However, just as competition law rules find an application area in the commercial sense, it is a necessity for the same rules to find an application area in the field of employment as well.

No-Poach agreements, on the other hand, are agreements between competing undertakings to limit or stabilize potential employment conditions, not to demand each other's employees, and to fix their salaries and employment conditions to a certain extent. However, such agreements violates competition rules. It is possible that the provisions restricting the ability of the contracting parties to take decisions