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International Antitrust Onslaught against HR practices

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Act now to stay ahead of the game

In the past few years, enforcement against restrictive labor market agreements has become a priority for many competition authorities worldwide.

As a result, certain HR practices are in the spotlight of antitrust enforcers and may result in significant fines or even criminal liability.

While antitrust practitioners may have seen this coming (in the light of US enforcement practices), this may come as a surprise for HR practitioners.

In any event, the US no longer dominates. Our global enforcement snapshot heat map shows that major enforcers in all regions have investigated and imposed fines.

Consequently, companies and staff who agree not to poach employees from others, or who agree to fix wages, are in clear and present danger of serious financial and even criminal penalties.

Naturally, effective HR departments and policies remain critical to the success of any company. Data from legitimate benchmarking surveys and the use of non-solicitation clauses enables companies to attract, train and retain the best staff available on the market.

It is therefore crucial to know where the boundary lies between legitimate and risky HR practices and how to avoid crossing it.

For more information, please read our briefing document, International antitrust onslaught against HR practices: Act now to stay ahead of the game.

Our briefing covers:

  • The global tipping point for competition enforcement in relation to HR practices
  • Compliance pitfalls when it comes to HR practices
  • Managing the HR/antitrust intersection: A risk mitigation checklist

DOWNLOAD THE BRIEFING DOCUMENT

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Author

Luis Gómez is a Partner in the Competition, Trade & Foreign Investment Department of the London office of Baker McKenzie. He advises on general competition and merger control law at both the EU and UK levels and also has experience in global coordination strategies. His practice spans the whole breadth of competition law advice, ranging from cartel defence/leniency, abuse of dominance, distribution strategies and general compliance advice (including worldwide or local compliance audits and other initiatives), to merger control processes and the analysis of complex joint venture and strategic alliance situations. Luis regularly appears before the CMA and European Commission. Luis also has extensive knowledge of the general antitrust and merger filing regimes in the US, having spent one year in Baker & McKenzie's Washington D.C. office. Luis joined Baker & McKenzie in 1994. He became a partner in 2003. "Luis Gomez receives effusive praise from clients, who describe him as 'a shining star in the competition law sky, who provides safe and razor-sharp guidance in the treacherous waters around the CMA.'" – Chambers (2020) Band 5

Author

Katja Häferer joined the Munich office of Baker McKenzie in January 2009. She is a member of the Firm’s European and Global Labor Law practice groups. She advises domestic and multinational companies on employment law matters, including outsourcing and other transactions. Katja frequently speaks at in-house and external seminars, and conducts training on a wide range of employment matters. She also practiced in the Firm’s San Francisco and Palo Alto offices.

Author

Julia Wilson is a partner in Baker McKenzie's Employment & Compensation team in London and co-chair of the Firm's Workforce Redesign client solution. Julia also leads the employment data privacy practice in London. Julia advises multinational organisations on a wide range of employment and data protection matters. She is highly regarded by clients, who describe her as a “standout” performer who "knows how we think." A member of the Firm's Pro Bono Committee, she plays a lead role in the Firm's pro bono relationship with Save the Children International. She also collaborates with Law Works to deliver employment law training to solicitors who provide pro bono advice to individuals. Julia regularly presents and moderates panels on podcasts, webinars and in-person events, is often quoted in mainstream media, and authors articles and precedents for a range of industry and other publications.

Author

William (Bill) Dugan is a partner in Baker McKenzie’s Employment and Compensation Practice Group, residing in Chicago and New York, chair of the US Disputes Employment Group, co-chair of the North American Employment Disputes Group, and a member of the Steering Committee for the North American Employment and Compensation Practice. Bill has been recognized as a leader in labor and employment law by Chambers, he has been repeatedly recognized for his superior litigation defense in Super Lawyers, and Legal 500 has stated that Bill is a “master in the art of defending corporations in litigation.” Bill represents management in complex litigation in federal and state courts and other tribunals throughout the United States, including trade secret and restrictive covenant matters, class and collective actions, and labor arbitrations. Bill also counsels employers on a wide range of Labor and Employment issues.

Author

Mark H. Hamer is Global Chair of the Firm's Antitrust & Competition Practice Group, comprised of over 300 competition lawyers in over 60 offices across 43 countries. Mark has over 25 years of wide-ranging litigation experience, including first-chair roles in jury trials, bench trials and arbitrations. His primary focus is antitrust litigation. Before joining Baker McKenzie, Mark was a successful trial attorney in the Antitrust Division of the US Department of Justice. He was involved in some of the DOJ's highest-profile antitrust trials. Before joining the DOJ, Mark was a partner at another global law firm where he handled complex multidistrict antitrust class actions in courts across the nation.

Author

Dr. Nicolas Kredel chairs Baker McKenzie's EMEA Antitrust & Competition Practice Group as well as the Firm’s global Future Mobility Group, he co-heads Baker McKenzie's German / Austrian antitrust practice and co-heads the Firm’s global Competition economics group. Nicolas has more than 15 years' experience advising on antitrust and competition law and is based in the Firm's Dusseldorf office. A seasoned antitrust lawyer, Nicolas is consistently recommended in various legal directories, including Chambers, Legal 500 and JUVE. He was awarded the ILO Client Choice Award three times in 2016, 2018 and 2020 for Antitrust (Germany).

Author

Jeff Martino brings an in-depth understanding of a wide variety of white collar and fraud related matters to his antitrust litigation and investigations practice. Jeff is co-lead of the Firm's Global Cartel Task Force and represents multinational corporations and their boards and executives in high-stakes criminal and civil investigations by the US Department of Justice (DOJ) and other federal and state agencies. Jeff draws upon his extensive criminal investigations, litigation, and enforcement experience to advise clients through sensitive matters pertaining to international cartel actions and white collar investigations. Prior to joining Baker McKenzie, Jeff spent nearly two decades at the DOJ and his last five years as Chief of DOJ Antitrust Division's New York Office. He has extensive experience as "first chair" on trials and investigations in the most complex areas of criminal antitrust and market manipulation. Jeff's work at the DOJ included providing technical assistance to competition agencies in Asia, Africa, the Americas and Europe and overseeing matters that included international corruption and antitrust cartel offenses that entangled the largest global banks and their key executives.

Author

Mireia Sabaté is a partner in the Employment and Compensation practice in Barcelona and member of the EMEA Employment Steering Committee of the Firm. She practices mainly in the areas of labor and employment law. Mireia also regularly teaches at universities, having lectured on labor institutions and litigation at ESADE Law School in Barcelona, and conducted training on employment termination at ISDE (Higher Education Law and Economic Institute). She is teaching courses on social security law at the Universitat Internacional de Catalunya. She has also provided training in equity law at the Barcelona Chamber of Commerce, and on the free transfer of employees at the Barcelona Bar Association.

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