previous episode of this series, Mayer Brown JSM discussed the
implications of group boycotts against competitors. Now that Colin
is satisfied that all his questions have been answered, he begins
to think about the next steps...
Colin: Alright, I think I am ready to
return to my HR practice and work on a competition compliance
policy. Any tips from you?
Mayer Brown JSM: To recap, when conducting an
internal compliance review, be particularly vigilant of any
agreement or arrangement that has the object or effect of fixing
wages, preventing solicitation of employees from competitors, or
boycotting competitors. Avoid unnecessary contact with competitors,
whether formal or informal, where there is a risk that commercially
sensitive information may be exchanged. When such exchanges are
inevitable, consult your legal advisers first – they may be
able to help you find a legally compliant solution to achieve the
same purpose without having to disclose commercially sensitive
information to a competitor. Remember that an actual agreement is
not required for the behaviour to be considered anti-competitive, a
one-way disclosure or tacit acknowledgment could just as likely
land you in trouble.
There are many facets of competition law that may affect HR
matters. Due to the unique nature of each position, business and
industry, different legal standards may apply. As such, there is no
"one-size-fits-all" approach when preparing a competition
compliance policy and you should seek the assistance of your legal
advisers in preparing the most appropriate and commercially
sensible compliance policy for your business.
The Competition Ordinance will likely come into operation by
mid-2015, so now is the time to start preparing.
Mayer Brown JSM's Antitrust & Competition Team would be
pleased to advise businesses on the steps to take on compliance and
risk-management issues in relation to the new law.
Mayer Brown is a global legal services organization
comprising legal practices that are separate entities (the Mayer
Brown Practices). The Mayer Brown Practices are: Mayer Brown LLP, a
limited liability partnership established in the United States;
Mayer Brown International LLP, a limited liability partnership
incorporated in England and Wales; Mayer Brown JSM, a Hong Kong
partnership, and its associated entities in Asia; and Tauil &
Chequer Advogados, a Brazilian law partnership with which Mayer
Brown is associated. "Mayer Brown" and the Mayer Brown
logo are the trademarks of the Mayer Brown Practices in their
This article provides information and comments on legal
issues and developments of interest. The foregoing is not a
comprehensive treatment of the subject matter covered and is not
intended to provide legal advice. Readers should seek specific
legal advice before taking any action with respect to the matters
discussed herein. Please also read the JSM legal publications
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The Ministry of Human Resources has recently issued a string of new ministerial resolutions and decrees designed to address gaps in the employment regulatory framework and reinforce existing legislation...
Restraints of trade in the employment contract are quite often not given the attention they deserve until the time comes when the employer is under threat by a former employee and enforcement action is required to protect the business.
The employment tribunal system was established to provide an employee the regime in which to make a formal complaint that their employer has violated the Employment Act 2000.
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