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Competition Wage-Fixing

McDermott Will & Emery

Labor Markets in the Focus of European Competition Law

McDermott Will & Emery on

In May 2024, the European Commission published a Competition Policy Brief classifying certain agreements related to labor markets as serious antitrust infringements. According to the Commission, so-called wage-fixing and...more

Skadden, Arps, Slate, Meagher & Flom LLP

European Commission Turns Focus to Competition in Labour Markets, Targeting Wage-Fixing and No-Poach Agreements

As a new policy statement from the European Commission (EC) treats wage-fixing and no-poach agreements as inherently anticompetitive (restriction of competition “by object”) with few possible defences, companies should...more

White & Case LLP

Labour related agreements in the European Commission’s antitrust spotlight: New Policy Brief on Antitrust in Labour Markets

White & Case LLP on

Until now, the European Commission's (EC) antitrust focus on labour-related issues has been timid. This may soon change. The EC has recently published a policy brief on labour markets, explaining that in its view, wage-fixing...more

Hogan Lovells

Going into Labor: The European Commission’s newfound Interest in Antitrust and Labor Markets

Hogan Lovells on

In May 2024, the European Commission (“EC”) published a policy briefing on the application of European competition law to conduct related to labor markets, in particular no-poach and wage-fixing agreements. The EC’s paper...more

Skadden, Arps, Slate, Meagher & Flom LLP

Antitrust Enforcers Are Increasingly Focused on Labor Markets, and Not Just in the Merger Context

Labor markets have been a focus of antitrust regulators at the Department of Justice (DOJ) and Federal Trade Commission (FTC) since the Obama administration. Indications are that enforcers will be even more aggressive across...more

Morrison & Foerster LLP

Quarterly Cartel Catch-Up: Recent Developments in Criminal Antitrust for Busy Corporate Counsel ‒ 2nd Quarter 2023

At this mid-point of 2023, and now several months on from the ABA’s Spring Antitrust conference, there have been several notable developments concerning cartel enforcement, as new leadership settles in at the U.S. Department...more

Blake, Cassels & Graydon LLP

Mise à jour : Entrée en vigueur des modifications à la Loi sur la concurrence du Canada

Le 23 juin 2023, d’importantes modifications apportées à la Loi sur la concurrence du Canada (la « Loi ») sont entrées en vigueur. Ces importantes modifications comprennent...more

Blake, Cassels & Graydon LLP

Update: Amendments to Canada’s Competition Act Now in Effect

On June 23, 2023, significant changes to the Canadian Competition Act (Act) came into effect. These key changes include...more

Stikeman Elliott LLP

Wage-Fixing & No-Poach Agreements Now Illegal: What Businesses Need to Know

Stikeman Elliott LLP on

Wage-fixing and “no-poach” agreements between employers are now illegal under the Competition Act, subject to limited exceptions. While the Competition Bureau has issued guidelines regarding its intended approach to enforcing...more

Bennett Jones LLP

Wage-Fixing and No-Poaching Agreements Illegal on June 23, 2023

Bennett Jones LLP on

Competition Bureau Publishes Related Enforcement Guidelines Canada's new criminal prohibition on wage-fixing and no-poaching agreements will come into force on June 23, 2023. These new provisions under subsection 45(1.1) of...more

Miller Canfield

No Poaching - Upcoming Changes to Canada’s Competition Act

Miller Canfield on

The federal Canadian Competition Act is the principal legislation that aims to deter and prevent anti-competitive practices in the Canadian marketplace. One year ago, the Canadian government made major amendments to the act. ...more

Manatt, Phelps & Phillips, LLP

DOJ’s Losing Record on No-Poach, Wage-Fixing Continues

After launching an initiative to combat no-poaching and wage-fixing agreements, the Department of Justice (DOJ) has racked up zero victories in its criminal prosecutions to date, including a recent loss in Connecticut....more

Blake, Cassels & Graydon LLP

Avantage concurrentiel par Blakes : mise à jour de mai 2023

Bienvenue à l’édition de mai 2023 de l’infolettre Avantage concurrentiel par Blakes, une publication mensuelle des groupes Concurrence et antitrust et Investissement étranger de Blakes. Avantage concurrentiel par Blakes...more

Blake, Cassels & Graydon LLP

Entrée en vigueur imminente de l’interdiction criminelle visant les accords de fixation de salaires et de non-débauchage

Le 23 juin 2023, la nouvelle disposition de la Loi sur la concurrence (la « Loi ») rendant les accords de fixation des salaires et de non-débauchage illégaux et passibles de lourdes sanctions au criminel entrera en vigueur....more

Goodwin

Antitrust & Competition Healthcare Quarterly Update - Q1 2023

Goodwin on

Department of Justice Withdraws Long-Standing Antitrust Healthcare Policy Statements - On February 2, 2023, the Antitrust Division of the US Department of Justice (DOJ) announced the withdrawal of its support for three...more

Blake, Cassels & Graydon LLP

New Criminal Prohibition Against Wage-Fixing and No-Poach Agreements Coming Soon

On June 23, 2023, the new criminal provision under the Competition Act (Act) prohibiting wage-fixing and no-poach agreements comes into force. This pending change in the law involves the potential for significant criminal and...more

Blake, Cassels & Graydon LLP

Blakes Competitive Edge™: May 2023 Update

Welcome to the May issue of Blakes Competitive Edge, a monthly publication of the Blakes Competition, Antitrust & Foreign Investment group. Blakes Competitive Edge provides an overview of recent developments in Canadian...more

Parker Poe Adams & Bernstein LLP

Implications of the Justice Department's Latest Defeat in No-Poach Trial

Previously relegated to purely civil enforcement, in the last year the U.S. Department of Justice (DOJ) has increased its focus on pursuing criminal charges for anti-poach agreements between companies that attempt to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Are the FTC and DOJ Losing Antitrust Battles but Gaining Ground?

The Department of Justice (DOJ) Antitrust Division — for the third time in the span of a year — recently failed to convince a jury that alleged agreements to fix or stabilize labor markets should be punished criminally. It...more

K&L Gates LLP

No-Poach Agreements Receive Their Marching Orders in the US and Europe: Do's and Don'ts for HR Departments

K&L Gates LLP on

Labor Market Meets Competition Law - In a labor market where companies are competing to attract and retain talent, the rising shortage of highly-skilled employees, high mobility, and high salary demands in certain market...more

Morrison & Foerster LLP

Sights and Sounds from the Antitrust Section’s 2023 Spring Meeting

Antitrust practitioners from around the world gathered in Washington, D.C. the week of March 27, 2023, for a series of industry meetings, centered around the American Bar Association Antitrust Law Section’s 71st Annual Spring...more

Morgan Lewis

UK Competition and Markets Authority Advises Employers: No Poaching, Wage Fixing, or Information Sharing

Morgan Lewis on

The UK Competition and Markets Authority has signalled its interest in bringing enforcement actions in the labour market by issuing guidance to employers on competition law compliance. The guidance warns employers that...more

Orrick, Herrington & Sutcliffe LLP

The Competition and Markets Authority Issues New Guidance on Avoiding Anti Competitive Behaviour for Employers

The Competition and Markets Authority (the “CMA”) has published new guidance for UK employers on how to avoid anti-competitive behaviour. The aim of this is to ensure staff are paid fairly for their work and can opt to move...more

Bennett Jones LLP

Competition Bureau Seeks Feedback on Enforcement Guidance for Wage-Fixing and No-Poaching Agreements

Bennett Jones LLP on

Last year, the Competition Act was amended to make it a criminal offense for two or more unrelated employers to enter into wage-fixing or no-poaching agreements. As we discussed last summer, these new provisions come into...more

Littler

Canada’s Competition Bureau Publishes Draft Guidelines for Enforcement of New “Wage-Fixing Agreement” and “No-poach Agreement”...

Littler on

When Bill C-19, Budget Implementation Act, 2022, No. 1 received Royal Assent in June 2022, it amended Canada’s Competition Act (Act) by including a new provision, s. 45(1.1), which comes into force on June 23, 2023.  Section...more

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