International Antitrust Onslaught Against HR Practices

In the past few years, enforcement against restrictive labor market agreements has become a priority for many competition authorities worldwide.

As a result, certain HR practices are in the spotlight of antitrust enforcers and may result in significant fines or even criminal liability.

While antitrust practitioners may have seen this coming (in the light of US enforcement practices), this may come as a surprise for HR practitioners.

In any event, the US no longer dominates. Our global enforcement snapshot heat map shows that major enforcers in all regions have investigated and imposed fines.

Consequently, companies and staff who agree not to poach employees from others, or who agree to fix wages, are in clear and present danger of serious financial and even criminal penalties.

Naturally, effective HR departments and policies remain critical to the success of any company. Data from legitimate benchmarking surveys and the use of non-solicitation clauses enables companies to attract, train and retain the best staff available on the market.

It is therefore crucial to know where the boundary lies between legitimate and risky HR practices and how to avoid crossing it.

For more information, please read our briefing document, International antitrust onslaught against HR practices: Act now to stay ahead of the game.

Our briefing covers:

The global tipping point for competition enforcement in relation to HR practices
Compliance pitfalls when it comes to HR practices
Managing the HR/antitrust intersection: A risk mitigation checklist