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Up & Atom

A recent LawFlash by our antitrust lawyers explains that the focus on “no-poaching” agreements is part of a growing trend for competition enforcers in the United States, the European Union, and Asia. To ensure that their hiring practices do not run afoul of anti-competition laws, employers—including those in the energy industry—should take several steps, such as training their HR staff in antitrust rules and reviewing their hiring agreements. Agreements with competitors not to poach each other’s staff or to fix pay rates at specific levels may be considered illegal anti-competitive behavior and at risk for large fines and criminal convictions in certain jurisdictions. Employers should consult their legal teams and consider the current and historical practices in this area to ensure that they are in compliance with best practices and to minimize exposure in respect of any historical conduct. Read the full LawFlash.