Labour-market antitrust in Europe: an empirical analysis

The article provides a systematic empirical analysis of labour-market antitrust enforcement in Europe. Based on a dataset of 70 investigations opened by European competition authorities up to 15 September 2026, it maps the historical development, geographic spread, substantive focus, procedural features, and policy rationales of this rapidly expanding enforcement field. The empirical analysis shows that labour-market antitrust has evolved from a niche issue into a mainstream enforcement priority. Authorities in 22 jurisdictions have now intervened. Outcomes are often severe, with total fines exceeding €1 billion. No-poach agreements are by far the most frequently investigated labour-market practice, followed by exchanges of competitively sensitive information and wage fixing. The data also reveal a strong tendency to treat labour-market restraints as by-object infringements, while attempts to justify such conduct have rarely succeeded. Procedurally, cases are driven primarily by ex officio investigations and complaints rather than leniency applications. Overall, from a compliance perspective, the article shows that labour-market arrangements in Europe should now be treated with the same degree of attention as traditional horizontal restraints in product and service markets.

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Publication Details

Journal
European Competition Journal
Published
2026-10-29
DOI
https://doi.org/10.1080/17441056.2026.2751308
Primary Topic
Merger and Competition Analysis
Type
article
Field-Weighted Citation Impact
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article

Labour-market antitrust in Europe: an empirical analysis

Lukas Rengier, Friedrich Preetz
European Competition Journal
Merger and Competition Analysis
article

Labour-market antitrust in Europe: an empirical analysis

Lukas Rengier, Friedrich Preetz
article en

Abstract

The article provides a systematic empirical analysis of labour-market antitrust enforcement in Europe. Based on a dataset of 70 investigations opened by European competition authorities up to 15 September 2026, it maps the historical development, geographic spread, substantive focus, procedural features, and policy rationales of this rapidly expanding enforcement field. The empirical analysis shows that labour-market antitrust has evolved from a niche issue into a mainstream enforcement priority. Authorities in 22 jurisdictions have now intervened. Outcomes are often severe, with total fines exceeding €1 billion. No-poach agreements are by far the most frequently investigated labour-market practice, followed by exchanges of competitively sensitive information and wage fixing. The data also reveal a strong tendency to treat labour-market restraints as by-object infringements, while attempts to justify such conduct have rarely succeeded. Procedurally, cases are driven primarily by ex officio investigations and complaints rather than leniency applications. Overall, from a compliance perspective, the article shows that labour-market arrangements in Europe should now be treated with the same degree of attention as traditional horizontal restraints in product and service markets.

European Competition Journal
Hogan Lovells (United States) (US)
Decent work and economic growth
Openalex Percentile: Top 9%
Merger and Competition Analysis
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