Articles Posted in Podcast

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Author: Molly Donovan

A new episode of the “If I Were You” podcast is ready! You can listen to it here. Featuring guest host Luis Blanquez and guest commentators Andreas Reindl and Marc Freedman of Van Bael & Bellis, a leading independent firm based in Brussels and London with an outstanding competition law practice. If you’re not a podcaster, read Andreas’ and Marc’s thoughts about antitrust enforcement in US and EU labor markets here:

This Episode Is About: Antitrust enforcement in UK an EU labor markets

Why: The UK’s competition authority (Competition and Markets Authority) recently issued antitrust guidance to UK employers so it’s a good time for an update and check-in on this subject

The Five Bullets: In-house lawyers, if I were you, I would educate your employment team about the following antitrust risks in UK and EU labor markets.

  • The CMA’s guidance encourages businesses, their lawyers and recruiters to avoid:
    1. No-poaching agreements: 2 or more businesses agree not to approach or hire each other’s employees (or not to do so without the other employer’s consent).
    2. Wage-fixing agreements: 2 or more businesses agree to fix employees’ pay or other employee benefits. This includes agreeing to the same wage rates or setting maximum caps on pay.
    3. Information sharing: 2 or more businesses share sensitive information about terms and conditions that a business offers to employees.
  • The guidance does not mention that businesses can violate UK antitrust law by reaching labor-related agreements even if they do not compete in the downstream market. The product market of concern is labor (not the goods or services produced by labor).
  • Enforcement in the UK is real: the CMA has been aggressive in prosecuting and levying very significant fines on companies that infringe UK antitrust law. The CMA has other sanctions at its disposal, including – unlike many other European antitrust authorities – possible criminal liability and individual director disqualifications. CMA’s guidance signals a change in enforcement priorities with a marked increase in antitrust scrutiny of labor markets.
  • EU companies may be behind the curve in terms of compliance based on a perception that labor markets are not an area of competition concern. This needs to change: there’s been a recent uptick in enforcement activity in labor markets by a number of Member State competition authorities and there are clear signals that the European Commission is actively looking at labor markets as well.
  • If you’re a UK or EU employer and realize you’ve already crossed the line, you need a lawyer’s assessment to decide the most appropriate strategy that mitigates the risks. Strategies range from stepping away from the agreement and documenting that decision to making a leniency application. Whether or not to communicate a withdrawal to the other agreeing parties is a difficult one that should be thought through on a case-by-case basis. To avoid this difficult situation, make compliance a top priority and incorporate labor-related conduct into antitrust compliance policies, trainings and protocols for internal reporting.

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Author: Molly Donovan

A new episode of the “If I Were You” podcast is here! You can listen to it here. Featuring Bona Law partner Jon Cieslak.

This Episode Is About: Investigative Subpoenas

Why: In-house lawyers need to know what to do upon receiving an investigative subpoena in an antitrust or white-collar matter.

The Five Bullets: In-house lawyers, if I were you, I would know the following about subpoenas…

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Author: Molly Donovan

A new episode of the “If I Were You” podcast is here! You can listen to it here. Featuring Bona Law partner Jim Lerner.

This Episode Is About: Antitrust and Employment

Why: There are employment-related antitrust risks that all in-house lawyers should be aware of.

The Five Bullets: In-house lawyers, if I were you, I would educate your business team about the following antitrust hot spots related to employment issues…

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Author: Molly Donovan

We recently released episode 2 of our “If I Were You” podcast. You can listen to this episode about minimum advertised prices here. Featuring Bona Law partner Steve Cernak. Or read our blog version now:

This Episode Is About: Minimum Advertised Pricing (MAP) Programs

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Author: Molly Donovan

If I Were You is a new Bona Law podcast that gives in-house lawyers the essential 5 bullets they need to explain real-world antitrust and competition risks to their business teams. This podcast is a quick 10 minutes or less, easily digestible during a commute or errand, and we hope it becomes a practical resource for in-house lawyers.

I’ll be the regular host of the podcast, which was inspired by one of my favorite in-house friends who said, “A good way to talk to the business side is to say something like, ‘I’m not saying don’t do it, but if I were you, I would do x, y, and z to mitigate the risk.’” And—tah dah—this podcast was born.

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