INDECOPI publishes information guide on anti-competitive agreements between companies in the labor sector
On June 26, 2020, INDECOPI’s Commission for the Defense of Free Competition published the “Information Guide on anti-competitive agreements between companies in the labor sector” (the “Guide”).
The Guide is intended to provide guidance to companies, employers and human resources professionals on the main scope and application of free competition rules in the labor sector, regulation contained mainly in the Single Ordered Text of the Repression of Anti-competitive Conducts Act, adopted by Supreme Decree No. 030-2019-PCM (the “Competition Act”).
The identification of two (2) main types of horizontal collusive practices, prohibited by the Competition Act which may materialize between competing companies in the labor sector, stands out among the main aspects of the Guide: (i) agreements not to hire workers from competing companies (“No Poach Agreements”); and (ii) Wage Fixing Agreements.
Finally, the Guide recognizes that its guidelines are applicable both under normal conditions and in extraordinary situations in the markets, such as health emergencies or natural disasters.
For more information, please contact Verónica Sattler (vsattler@estudiorodrigo.com), Ítalo Carrano (icarrano@estudiorodrigo.com) and/or Laura Zúñiga (lzuniga@estudiorodrigo.com).
