HR briefing: competition and employment

In the latest episode of our podcast, Matthew Ramsey is joined by competition law experts Rachel Carter and Fiona Beattie to explore the emerging intersection between employment law and competition law – an area often overlooked by HR professionals.

They cover:

• how competition law principles apply to employment relationships, beyond traditional restraint of trade clauses;
• recent enforcement actions in the UK, EU, and US targeting anti-competitive practices in labour markets, such as no-poach agreements and informal pay information sharing; and
• best practices for HR teams to mitigate legal risk, particularly around benchmarking exercises and secondment agreements.

If you would like more information or want to discuss any of the topics in this podcast, please get in touch with Matthew, Rachel, or Fiona.

Episode summary

In this special edition of the Macfarlanes HR podcast, Matthew Ramsey is joined by competition law specialists Rachel Carter and Fiona Beattie to explore the growing crossover between employment and competition law. The conversation begins with a breakdown of competition law frameworks in the UK, EU, and US, highlighting how restrictions on hiring, pay-setting, and information sharing between employers can fall foul of antitrust laws.

They delve into recent cases where regulators in Europe and the UK issued fines for no-poach clauses and pay coordination between firms, underlining a growing enforcement trend. The discussion also examines the legality of benchmarking pay data, stressing the need for anonymisation and third-party aggregation to avoid breaching competition rules.

The episode concludes with practical guidance for HR professionals, emphasising caution when engaging in informal discussions about pay and in drafting secondment or collaboration agreements. The key takeaway is clear: HR and legal teams must remain vigilant about how their practices may intersect with competition law, particularly as enforcement in labour markets becomes more proactive.