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Why (European) Antitrust Law Should Not Treat Labor Markets Differently

BY | December 15, 2023

The U.S.-lead debate on strengthening the application of antitrust law in labor markets is arriving also in Europe. We argue why notably in the European context, there is little scope…

The U.S.-lead debate on strengthening the application of antitrust law in labor markets is arriving also in Europe. We argue why notably in the European context, there is little scope or need for making adjustments. For one, non-compete or on-poaching clauses, which are a primary concern in the U.S., are already covered by the prosecution of horizontal collusion or by often strict national labor law. Collective agreements are generally exempted, and the Commission has argued to partially extend

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