Guidance

Employers advice on how to avoid anti-competitive behaviour

Published 9 February 2023

© Crown copyright 2023

This publication is licensed under the terms of the Open 바카라 사이트 Licence v3.0 except where otherwise stated. To view this licence, visit or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.

Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.

This publication is available at /government/publications/avoid-breaking-competition-law-advice-for-employers/employers-advice-on-how-to-avoid-anti-competitive-behavior

If you think you have been involved in anti-competitive behaviour, report it to us.

Collusion between employers is illegal and there are significant financial and personal consequences for breaking the law.

Anti-competitive agreements can negatively impact labour markets, including:

  • reducing employees바카라 사이트™ pay packets
  • reducing employee mobility and choice
  • limiting a business바카라 사이트™s ability to expand

Anti-competitive behaviours

There are 3 main types of anti-competitive behaviours in labour markets (which are all examples of business cartels)

No-poaching agreements

No-poaching agreements occur when 2 or more businesses agree not to approach or hire each other바카라 사이트™s employees (or not to do so without the other employer바카라 사이트™s consent).

Wage-fixing agreements

Wage-fixing agreements occur when 2 or more businesses agree to fix employees바카라 사이트™ pay or other employee benefits. This includes agreeing the same wage rates or setting maximum caps on pay.

Information sharing

Sensitive information about terms and conditions that a business offers to employees might be shared between businesses. This in turn reduces competition between those in recruitment and retention.

Not all illegal agreements or practices are in writing; they might take the form of informal practices - sometimes known as gentleman바카라 사이트™s agreements.

These agreements or practices might cover freelancers and contracted workers as well as permanent salaried staff.

Actions businesses can take

Businesses, legal advisers and recruiters can follow these steps:

  • understand how competition law applies to no-poaching and wage-fixing agreements
  • don바카라 사이트™t agree with a competitor to fix wages
  • don바카라 사이트™t agree with a competitor not to approach or hire each other바카라 사이트™s employees
  • don바카라 사이트™t share sensitive information about your business or employees with a competitor
  • provide recruitment staff with training on competition law and how it applies in the recruitment context
  • ensure solid internal reporting processes are in place, and that staff are aware of these and how they can use them

If you바카라 사이트™ve entered into a no-poaching or wage-fixing agreement, consider applying to the CMA for leniency.

Reporting anti-competitive behaviour

We can investigate businesses in all sectors if there are reasonable grounds to suspect the law is being broken, such that fair competition when recruiting and retaining talent is being undermined.

Any anti-competitive behaviour should be reported to us.

If you바카라 사이트™ve witnessed an illegal business cartel or been involved in one, you can do the right thing by reporting it to us.

If you바카라 사이트™ve seen something

If the information you provide leads to an investigation, you may earn a reward.

If you바카라 사이트™ve been involved

Tell us and you may get leniency.

Call us: 020 3738 6833

We can provide confidential guidance.

For more information on how to spot and report anti-competitive activity, visit the CMA바카라 사이트™s page.

Seek independent legal advice if you think you may have broken the law.

Back to top