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Antitrust / Competition

International: Healthy competition – HR’s role in ensuring antitrust compliance

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In brief

If the US Federal Trade Commission’s final rule on noncompetes comes into effect (despite ongoing legal challenges), it will impose a nationwide, nearly complete ban on worker noncompete agreements. This ties in with a broader trend which sees global antitrust regulators closely monitoring HR practices. Specifically, antitrust regulators are now looking beyond competition among companies offering similar products and services, to the competition between employers as they vie to attract and retain employees. The increased scrutiny means that companies who agree not to poach employees from other firms or engage in wage-fixing face significant financial and even criminal risks.

To help employers ensure antitrust compliance around the globe, we have rounded up relevant resources and updates from our teams. A full copy of the alert can be viewed here.

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Celeste is a principal in our Dispute Resolution and Employment Practice Groups. Her practice encompasses corporate and commercial dispute resolution, investigations and compliance. She has significant experience acting for global clients in cross-border disputes and advising clients on ethics & compliance and regulatory issues in the context of risks analysis and mitigation and cross-border investigations. Celeste also has a particular focus in employment, particularly contentious employment work and employee investigations.
Celeste has been recognised as a 'Litigation Star' in the Labor and Employment space by Benchmark Litigation Asia Pacific 2023 and has been ranked Band 1 in Employment in Singapore by Chambers Asia-Pacific since 2019 to date. A client has commended Celeste for being "a fantastic partner who knows our industry well and has been our first contact for external legal work for many years." Celeste is also ranked as a Leading Individual in Labour and Employment in Singapore by Legal 500 Asia Pacific since 2019 and noted by clients as "an experienced litigator with a very sound knowledge of the law, who is also able to consider the client’s commercial concerns when providing advice" and in the foreign firms section as "great at connecting her entire network when the client needs additional service outside Singapore."

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Michael Brewer is the Managing Partner of Baker McKenzie's California offices in San Francisco, Palo Alto and Los Angeles and Chair of the Firm’s Global Employment & Compensation Practice. A trial lawyer who represents global and domestic clients, Michael has tried class action and single plaintiff employment cases before judges, juries and arbitrators. Super Lawyers has repeatedly recognized Michael for his superior defense of employment claims.

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Leticia Ribeiro C. de Figueiredo joined the Firm in 1998, as a corporate trainee, and became partner in 2013. Until July 2003, she was primarily involved in M&A and Corporate Law, with experience in national and international M&A projects and corporate restructurings. From July 2003 on, she has been working exclusively in the Labor Law practice group.
She has a wide breadth of experience with strategic litigation cases and relevant consultancy in individual and collective matters (i.e. restructuring, equity pay, PDVs – voluntary resignation program, PLRs – participation in profits or results, alteration of compensation plans and benefits), including national and international projects. Additionally, she works with collective bargaining agreements.
*Trench Rossi Watanabe and Baker McKenzie have executed a strategic cooperation agreement for consulting on foreign law.

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Susan Eandi is the Chair of Baker McKenzie's North America Employment and Compensation Practice Group, head of the Global Employment and Labor Law Practice for North America, and a member of the North America Regional Management Council. She also serves on the Firm's Antiracism Legal Impact Board.
Susan speaks regularly for organizations including ACC, Tech GC, Silicon Valley AGC and World Business Council for Sustainable Development. Susan publishes extensively in various external legal publications in addition to handbooks/magazines published by the Firm.
Susan is a recognized leader in employment law by International Employment Lawyer, The Daily Journal, Legal 500 PLC and is a Chambers-ranked attorney.

Author

Jonathan Isaacs heads Baker McKenzie's China Employment Practice. Jonathan is listed as a leading lawyer for China employment law in various legal publications and has shared insights on labor and employment issues with many publications and media outlets, including The Financial Times, The Wall Street Journal, Washington Post, LA Times, Reuters, The Economist Intelligence Unit, Voice of America, RTHK, LA Times and Fortune Magazine. He has also co-authored the leading treatise on Chinese employment law in English, Employment Law & Practice in China. He is admitted as a lawyer in the state of New York, USA.

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