Asia-Pacific
Labor markets are high on the antitrust authorities' enforcement agenda globally. A growing number of agencies are starting investigations into various forms of employment-related arrangements, whether it be:
- No-poach agreements
- Wage-fixing
- Exchange of competitively sensitive information between companies about terms and conditions of employment, or
- Non-compete clauses
This interactive map provides an overview of the key latest antitrust and labor developments in selected jurisdictions across the world.
This page was last updated on 22 May 2024.
AustraliaApril 4, 2024: The Treasury’s Competition Review has commenced public consultation on non-compete clauses and other restraints, specifically the impact of:
The issues paper outlines the key policy concerns related to these agreements and the evidence in Australia and overseas on the prevalence and impact of these restraints on individuals, businesses, and the broader community. Interested parties can comment on this consultation until 31 May 2024. October 18, 2023: The Australian Assistant Minister for Competition, Andrew Leigh, states in a speech that non-compete clauses along with no-poach clauses stifle productivity and innovation while having a negative effect on the labor market. August 23, 2023: The government undertakes a review of national competition policy considering one of the initial issues yo be non-compete and related clauses that restrict workers from shifting to a better-paying job. June 20, 2023: The Australian Assistant Minister for Competition, Andrew Leigh, states in an interview that non-compete clauses "might be reducing wage growth and dampening down productivity growth." March 2, 2023: The government instructs the Australian Competition & Consumer Commission and the Treasury to investigate contractual non-compete clauses and no-poach agreements among employers and assess whether they should be included under the Competition and Consumer Act. ChinaAugust 1, 2023: China’s State Administration for Market Regulation (SAMR) investigates four of the country’s biggest pig-breeding companies over a no-poach agreement dated from june 20, 2023. SAMR concludes that the agreement violates Chinese Antimonopoly Law and asks the companies to correct the behavior. As a result, the companies retract the agreement. December 22, 2021: The Chinese Supreme Court hands down a judgment stating that no-poach and employee wage-fixing agreements were illegal under China’s Anti-Monopoly Law, in the context of a joint venture arrangement between 15 local driving schools restricting competition in the local market for driver training services. JapanMarch 2021: The Japan Fair Trade Commission (JFTC) releases a new set of antitrust rules protecting Japanese freelance workers. The guidelines outline situations where the abuse of dominant bargaining position clause of Japan’s antitrust law and subcontractor law may be applied in the relationship between independent contractors and companies engaging their services. February 15, 2018: The JFTC issues advisory reports on labor and competition policy. |