The focus of an antitrust cartel investigation has traditionally been on alleged conspiracies relating to pricing, sales, products, or geographic areas. Antitrust authorities on both sides of the Atlantic are now expanding their focus to direct attention to the labour markets.
In the United States and Europe, antitrust enforcers are aggressively pursuing novel theories of liability for "naked" (standalone, not related to an M&A deal or other business collaboration) wage fixing and no-poach labour market violations, and enforcement actions are increasing. Importantly, enforcers continue to signal strongly that labour market investigations will remain a core focus into the future.
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