The European Commission has issued its first fine in a no-poach case in the labor market, and its first sanction of the anti-competitive use of a minority share in a competing business. With the fine of EUR 329 million, the Commission joins the ranks of a number of high-profile antitrust enforcers worldwide that have targeted HR-related infringements. The Commission’s first intervention is also likely to encourage other EU regulators to follow suit and is an important reminder of the need to carefully manage antitrust risk (specifically information flows) where a company holds a minority shareholding in a competitor.
No poach and wage fixing agreements have been fertile ground for competition agencies in the US, who have expanded their labor guidance to scrutinize restrictive agreements between employers and employees (including non-disclosure agreements, non-compete agreements and exit fees). European regulators are now actively enforcing in this area too, at national EU Member State level as well as at EU level. This case highlights the increasing scrutiny on HR practices and the importance of compliance with antitrust regulations.
The Commission issued its fine after conducting an extensive investigation, which was an own-initiative inquiry into possible collusion in the food delivery sector. The investigation – launched following a market monitoring exercise, which itself had been prompted by information received from a national competition authority and via the...
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