The European Commission has intensified its scrutiny of labour market practices, targeting wage-fixing and no-poach agreements with renewed vigour. These practices are now considered serious antitrust violations, treated as restrictions "by object" under Article 101 TFEU, meaning they are deemed illegal without the need for further analysis of their effects.

Key Highlights:

• Policy Brief on Antitrust in Labour Markets last year (Link), the Commission published a policy brief emphasising that wage-fixing and no-poach agreements are inherently anticompetitive. The brief clarifies that such agreements are unlikely to qualify for exemptions, even if parties argue they are necessary for business efficiencies.
• Enforcement Actions: The Commission has already conducted unannounced inspections in multiple sectors, investigating potential collusion through no-poach agreements. National authorities across member states are also actively pursuing similar cases, indicating a coordinated effort to address these issues.
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Implications for Businesses:

Companies must reassess their HR and recruitment strategies to ensure compliance with antitrust laws. Practices that may have been commonplace, such as informal agreements not to hire from competitors or discussions about wage standards, can now expose firms to significant legal risks.

How We Can Help:

At Legal Tech Innovations (LTI), we specialise in assisting organisations and their legal advisors to navigate complex data challenges linked to such potential infringements. Our services include:

• Digital Forensics: Identifying and preserving data from various data sources.
• Compliance Audits: Reviewing existing data policies and practices to ensure they align with what has been implemented.
• Cutting-edge Technology and Consultancy: providing AI-driven solutions to legal advisors so they can conduct thorough research and review of evidence.
• Training Programs: Educating staff on the data and technology processes applicable to unannounced inspections and internal investigations.

Contact us to discover how LTI can help with your next project.

info@legaltechinnovations.com