Asia-Pacific

23 July 2024: In an article the Australian Assistant Minister for Competition Andrew Leigh states that non-competes not only affect employees but can also hamper new business. 

10 April 2024: The Australian Treasurer, the Hon Dr Jim Chalmers MP, states in his address to the Bannerman Competition Lecture that non-compete clauses reduce job mobility and wages growth and that the Competition Taskforce is examining their impact on dynamism and competition. 

4 April 2024: The Australian Assistant Minister for Competition Andrew Leigh states in a speech that non-compete clauses inefficiently restrict workers and harm businesses and the broader economy. 

4 April 2024: The Treasury's Competition Review commences a public consultation on non-compete clauses and other restraints, specifically the impact of:

• worker non-compete clauses and other restraint of trade agreements between businesses and workers; and
• no-poach and wage-fixing agreements between businesses.

The issues paper outlined 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. The consultation process completed on 31 May 2024. Forty-seven submissions were received in response to the issues paper. There has been no further update with respect to these submissions or the Competition Review's analysis of those submissions. The Competition Review's next steps included the review of data produced by the Australian Bureau of Statistics with respect to the prevalence of non-compete clauses and their use.

18 October 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 labour market. 

23 August 2023: The government undertakes a review of national competition policy considering as one of the initial issues non-compete and related clauses that restrict workers from shifting to a better-paying job.

20 June 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."

2 March 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.

1 August 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 the 20 June 2023. SAMR concludes that the agreement violates Chinese Antimonopoly Law and asks the companies to correct the behaviour. As a result, the companies retract the agreement.

22 December 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 service.

March 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.

15 February 2018: Japan Fair Trade Commission issues advisory reports on labour and competition policy.