10 years of law 12.529/2011 the advances that resulted in the inescapable interface between antitrust and labor

Abstract

Contextualization: Historically, labor law and antitrust law remained distant, until recent discussions on anticompetitive conduct in the labor field began to gain prominence, especially in the US, and then in several competition authorities worldwide.

Objective: This article focuses on the analysis of anti-competitive conduct, notably (i) wage-fixing cartels, (ii) no poach agreements, (iii) non-compete clauses in and (iv) exchanges of sensitive information between competitors on terms and conditions of employment. Therefore, the present study brings an interdisciplinary approach, updated especially between 2018 and 2022, with reference to recent international experiences (OECD, USA, EU, Portugal, Netherlands, UK, Mexico, Japan and Hong Kong) and discussions on the topic. in Brazil.

Method: The comparative method was used, in which we sought to evaluate a large sample of cases related to the interface between antitrust law and labor law around the world, and the exploratory method, in which case studies or articles on the subject were used.

Results: The research demonstrates that the encounter between antitrust law and labor law, considered unlikely for some years, is inescapable.