In addition, China`s anti-unfair competition law gives regulators broad power to fine counter-companies participating in an action that “disrupts the order of competition in the market and infringes on the legitimate rights and interests of other economic or consumer operators.” Given that China is a “worker-friendly” jurisdiction, in which the government has focused on ensuring workers` right to work and upward mobility through wage increases, Chinese competition authorities may begin to review non-poaching agreements, particularly in regulated sectors such as the technology and life sciences industries or research and development institutions, where professionals with specialized skills are in high demand and most affected by such agreements. In its simplest form, a non-poaching contract is an agreement, either in writing or orally between two or more companies, so as not to compete with the employees of the other. B, for example, by not claiming them during their employment or by hiring them for a certain period after they leave work. It is a kind of non-competitive agreement that includes non-recruitment, non-solicitation, no-hire and/or other conditions that affect an employee`s ability to move from one company to another. Companies sometimes include non-poaching clauses in comparisons that settle commercial disputes. They may also occur in the due diligence phase of a possible merger or acquisition or in the context of franchise agreements. In this article, I talk about these so-called non-poaching agreements, recent legal infringements on their validity and applicability, and some takeaways. We believe that European regulators are monitoring developments in the United States and are increasingly opposed to non-financing and wage-setting agreements. In 2016, the national competition authority fined eight modelling authorities 4.5 million euros for wages. In 2017, three French flooring companies were fined a total of 302 million euros for reaching an informal non-poaching agreement. Last year, the Central Bank of Ireland opened an investigation into an alleged non-vaccination agreement between Asset Management Companies based in Italy. Non-financing and wage-setting agreements can be sued in the UK and the directors involved may be disqualified by boards of directors, which poses a real risk to the candidates of the pe committee. Actions for damages have also become a privileged instrument of private application in Europe.
The study of the concentration on labour market demand could therefore be at odds with the traditional role of competition authorities. Agreements on non-poaching companies reduce their costs by reducing staff costs and can pass this cost-cutting on to end-users. There are differences between non-poaching clauses and other restrictive alliances, each oriented towards fundamentally different acts and behaviours.