Until very recently, the European Commission (“EC”) has not been so active in labor-related antitrust issues. This is likely to change given the EC published in May 2024 a policy brief on labor markets, explaining that in its view, wage-fixing and no-poach agreements have, by their very nature, the potential to restrict competition. Hence, they will likely be treated as “by object” restrictions. The brief also expresses a skeptical view on any potential justifications available under EU
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