Competition law and no-poach agreements developments in europe

  • What are the anti-competitive agreements of the European Commission?

    Article 101 prohibits anti-competitive agreements between two or more independent market operators.
    Article 102 prohibits abusive behaviour by companies holding a dominant position on any given market..

  • What is Article 101 3 of the EU competition law?

    According to the first condition of Article 101 (3), the restrictive agree- ment must contribute to improving the production or distribution of goods or to promoting technical or economic progress.
    This provision defines types of efficiency gains that can be taken into account..

  • What is Article 101 of the EU competition law?

    Article 101 prohibits agreements that have as their object or effect the restriction, prevention or distortion of competition within the EU and which have an effect on trade between EU member states..

  • What is the EU anti-competitive behaviour law?

    Article 101 prohibits anti-competitive agreements between two or more independent market operators.
    Article 102 prohibits abusive behaviour by companies holding a dominant position on any given market..

  • What is the EU competition law 1957?

    The EU's role in competition policy was set out in the Treaty of Rome (1957), which gave it wide-ranging powers to oversee and prevent activities that it judges likely to stop competition between firms..

  • What is the EU competition law anti-competitive practices?

    Article 101(1) prohibits, "All agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between member states and which have as their object or effect the prevention, restriction or distortion of competition within the common market.".

  • According to the first condition of Article 101 (3), the restrictive agree- ment must contribute to improving the production or distribution of goods or to promoting technical or economic progress.
    This provision defines types of efficiency gains that can be taken into account.
  • There is also a limitation period of five years from the end of the infringement until the beginning of the Commission's investigation.
No-poach agreements aim to shift the bargaining power in favor of the employers and, as opposed to some forms of efficiency-driven group input purchasing 
No-poach agreements are agreements made between competing businesses to collude with respect to their hiring practices, for example in terms of not hiring each 

Are no-poach agreements a priority in Europe?

As outlined in our June podcast, Europe is no exception.
The European Commission has said that it views no-poach agreements as an enforcement priority and national investigations have been taking place for some time.
Most recently, on 2 August, Turkey fined 16 companies in a variety of sectors around EUR 5 million.

Is competition law a 'no-poach' agreement?

Competition law, the more commonly used European term for “antitrust,” has recently seen a few growing areas of interest.
This includes ,the increase in focus on the interaction between competition and labor (or “employment”) law, with so called “no-poach” agreements being one of the latest issues in this sphere coming to the fore.

Is there a no-poach case in Europe?

No-poach in Europe.
It is only a matter of time until the European Commission (“Commission”) brings its first no-poach case.
Labour market issues are a serious concern, as repeatedly confirmed by senior Commission oficials, and are high on the Commission’s agenda.

What happens if a company violates a no-poach agreement?

can be severe.
No-poach agreements would likely be characterised as cartel-type violations and fines could thus be significant (up to 10% of worldwide group turnover).
Firms found guilty of a competition law infringement could also sufer substantial reputational damage.


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