Case details

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Sector enquiries, recommendations, and opinions
Case reference
EPR/2021/10
Title
Issues Paper and Good Practices Guide concerning anticompetitive agreements in labour markets
Sector
  • Labor
Activity (NACE)
  • N - Administrative and support service activities
Case origin
Ex-officio
Competition impact assessment?
No
Cooperation with sector regulators
Status
Closed
Summary of the case

The AdC has adopted an Issues Paper and a Good Practices Guide concerning anticompetitive agreements in labour markets, whose draft versions were placed under public consultation.

The AdC has developed an economic and legal analysis of anticompetitive agreements between companies that may occur in the labour market, namely no-poaching and wage-fixing agreements. These agreements may generate harm to workers and consumers by impairing the conditions of competition in several dimensions, being liable to infringe the Portuguese Competition Act (Article 9 of Law no. 19/2012) and, if applicable, the Treaty on the Functioning of the European Union (Article 101 TFEU).

The AdC aims to raise awareness among companies, human resources professionals and other employees, among other relevant stakeholders, of the possible negative effects arising from anti-competitive agreements in the labour market, encouraging them to adopt a set of good practices towards their prevention.

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