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Are Your Employment Practices in Breach of Antitrust Law?

By  |  April 4, 2018
Posted by National Law Review

Are Your Employment Practices in Breach of Antitrust Law?

Authorities in various jurisdictions are stepping up enforcement against no-poaching agreements between employers. From training their HR staff in antitrust rules to reviewing their hiring agreements, employers should take several steps to make sure that their hiring practices do not run afoul of anti-competition laws.

Human Resources managers who agree with competitors not to poach each other’s staff or to fix pay rates at specific levels may be undertaking illegal anti-competitive behaviour that could risk large fines and criminal convictions in several jurisdictions including the United States, the European Union and Hong Kong. In addition, the sharing of future salary levels, future bonuses/incentives, forecast hiring levels, and other similar information may constitute an infringement in the European Union and Hong Kong. Employers should now consider the current and historical practices in this area in conjunction with their legal team to ensure that they are in compliance with best practices and to minimise exposure in respect of any historical conduct.

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