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Clifford Chance

Clifford Chance
Briefings

Briefings

New European Commission policy brief on antitrust in labour markets: a novel, hard stance on no-poach agreements yet to survive scrutiny by the European Courts

6 June 2024

The European Commission (the 'EC') has recently intensified its focus on anticompetitive practices within labour markets, particularly targeting no-poach agreements. In May 2024, the EC published a policy brief (the 'Brief') on labour markets, defending a bold and novel view that these practices inherently have the potential to restrict competition. The Brief is a non-binding statement setting out the EC's future approach and priorities but does not reflect the EC's previous decisional practice or the case law of the European Courts.

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