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Competition Law Issues for HR Professionals in Canada

Jurisdiction: - All - United States
Sector: - All

I came across an interesting article today by Mark C. Katz entitled, "Competition Law Issues for HR Professionals in Canada".

Mark is a lawyer at Davies Ward Phillips & Vineberg LLP in Toronto. The article was published in December 2016.

You can access the full article at the link below but this is the introduction:

On October 20, 2016, the United States Federal Trade Commission (FTC) and the Antitrust Division of the U.S. Department of Justice (Antitrust Division) jointly issued special compliance guidelines (HR Guidelines)1 for human resource (HR) professionals and others involved in hiring and compensation decisions. The HR Guidelines focus attention on an area that is not typically regarded as an antitrust "hot spot" but has been the subject of several high-profile proceedings in recent years in the United States. In particular, the HR Guidelines discuss the potential antitrust risks when employers agree (i) not to hire each other's employees (non-poaching agreements); (ii) not to compete on wages/other terms of employment (wage-fixing agreements); and (iii) to share information regarding compensation and other sensitive employment-related matters.

Canada's Competition Act (Act) also contains provisions that could apply to prohibit anticompetitive agreements between competitors (or potential competitors) on employee-related matters, principally section 45 (criminal conspiracies) and section 90.1 (civil agreements between competitors).

2016-12-21-Competition Law Issues for HR Professionals in Canada.pdf67.86 KB