No-Poach, No Mercy: The TCA's Evolving Labour Market Enforcement Through The Pharmaceutical Sector Decision

I. Introduction

 Labour markets have emerged as a progressively important enforcement area for the Turkish Competition Authority ("TCA") reflecting a broader global trend towards increased scrutiny of employer-side coordination. This development represents an evolution rather than a sudden shift in enforcement focus: the TCA's investigations have centred on the same categories of conduct that occupy competition authorities worldwide; wage-fixing, no-poach agreements, and the exchange of competitively sensitive information on salaries and fringe benefits, each of which entails distinct legal risks and has arisen individually or in different combinations across sectors.

This article examines the evolution of the TCA’s approach for assessing labour market conduct under Article 4 of Law No. 4054 on the Protection of Competition (“Law No. 4054”), with a focus on no-poach agreements, wage-fixing arrangements, and information exchange practices. It analyses these issues through the lens of