Competition law hr

Apr 5, 2023Many HR practitioners will have limited experience with competition law to date. As a priority, employers should ensure HR staff are adequately

Apr 5, 2023The guidance warns employers that no-poaching agreements, wage-fixing agreements, and information sharing concerning the terms and conditions of

Can a human resources agreement run afoul of competition law?

European and US jurisprudence shows that an agreement or merely the exchange of information concerning human resources data, such as:

wage/salary

among competitors could run afoul of competition law rules.

What are the pitfalls of competition law?

Competition law is more applicable to an HR professional’s role than many imagine – which means there are potential pitfalls they should be aware of.
Matthew Hall reports Most HR professionals will be aware that competition law (‘antitrust’ in the US) bans price-fixing cartels and companies are regularly fined for such activities.

What is the impact of antitrust/competition law on HR?

In addition to corporate fines, these include:

individual fines

imprisonment

private damages claims against companies and unenforceability of contracts

not to mention reputational issues.
The impact of antitrust/competition law on the HR field is a big focus in the US and this is spreading to other regions and countries, including:the EU/UK.

What is the law on competitor collaboration?

Other forms of competitor collaborations, such as:

joint ventures and strategic alliances

may be subject to review under Part VIII of the Act

which prohibits conduct only where it is likely to substantially lessen or prevent competition.
Subsection 45(1) states:45.

United States legislation

The United States Innovation and Competition Act of 2021 (USICA) (external text>S. 1260), formerly known as the Endless Frontier Act, was United States legislation sponsored by Senators Chuck Schumer (D-NY) and Todd Young (R-IN) authorizing $110 billion for basic and advanced technology research over a five-year period.
Investment in basic and advanced research, commercialization, and education and training programs in artificial intelligence, semiconductors, quantum computing, advanced communications, biotechnology and advanced energy, amounts to $100 billion.
Over $10 billion was authorized for appropriation to designate ten regional technology hubs and create a supply chain crisis-response program.
The act is aimed at competing with China and to respond to US fears of an AI Cold War.