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ARTICLE · 17 JANUARY 2024

Competition Issues For Employers: In The Spotlight

Travers Smith LLP
Travers Smith LLP
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Travers Smith LLP

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Businesses and their HR teams would be wise to review their practices in seeking to recruit and retain staff, and to carefully consider how they interact...

United KingdomAntitrust/Competition Law
Stephen Whitfield
Stephen Whitfield
Ed Mills
Ed Mills
Ingrid Hodgskiss
Ingrid Hodgskiss
Rosamund Browne
Rosamund Browne
Adam Rice
Adam Rice
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1. Introduction

Competition law is increasingly relevant for employers, as competition authorities across the globe focus more and more on employment and labour market practices.

No-poach and wage-fixing arrangements are particular areas of focus for enforcement. Whilst the US has long taken a stricter approach to competition compliance in labour markets, the EU and UK are now beginning to follow suit with a raft of recent cases and statements.

  • No-poach agreements arise where two or more businesses agree not to approach or hire each other's employees (or not to do so without the other employer's consent).

  • Wage-fixing agreements arise where businesses agree to fix employees' pay or other employee benefits (including agreeing the same wage rates or setting maximum caps on pay).

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