Webinar on non-compete clauses and other restraints in employment




In the course of the webinar, we referred to the Competition Commission Inquiry which is underway. The details of that Inquiry are found at https://treasury.gov.au/review/competition-review-2023/non-compete-clauses

As part of the Inquiry the Competition Commission has set out a survey for workers and a survey for employers to ‘better understand how these clauses affect individual workers and businesses’. The link to the worker survey is here: https://consult.treasury.gov.au/competition-review/workerquestionnaire

What approach does the European Union take to these clauses?

This was a question from one of the participants in the webinar. The following information is taken from the Issues Paper which has been prepared by the Competition Review as part of the Inquiry.

In Europe, the European Commission has expressly included wage fixing agreement as per se illegal in its 2023 Horizonal Antitrust Guidelines. The European Commission has also recently carried out raids for suspected cartel infringements relating to no poach agreements in the online food delivery sector. In addition, France, the Netherlands, Portugal, Switzerland, and other European countries have taken enforcement action against no poach and wage fixing agreements.

  • (p 37, Issues Paper – copy available at https://treasury.gov.au/consultation/c2024-514668) For further details about non-compete clauses across OECD countries, Cristina Volpin, Competition Policy Analyst prepared the following slides for a webinar on Non-Compete Clauses: Policy approaches across the OECD
             https://treasury.gov.au/sites/default/files/2024-01/tsy-e61-webinar-oecd.pdf

If you have any further questions about non-compete clauses or anything to do with your employment, please contact us at [email protected]