Chile’s National Economic Prosecutor’s Office (FNE) recently published an informational guide entitled “Preventing Collusion in Labor Markets: Best Practices”, aimed at companies, human resources professionals, and executives involved in recruitment and hiring processes.

The guide highlights that competition law risks are not limited to product and service markets, but may also arise in connection with the hiring of employees and the determination of employment conditions. In particular, the publication addresses the risks associated with agreements regarding salaries, benefits, hiring practices, no-poach arrangements, and the exchange of commercially sensitive information.

The FNE also provides recommendations to strengthen corporate compliance programs, including ensuring the independent adoption of employment decisions, reviewing restrictive provisions in commercial agreements, preventing the exchange of sensitive information, and training human resources teams on competition law matters.

The publication confirms that labor markets have become an increasingly important area of focus for competition law enforcement and advocacy in Chile.

In this regard, our Antitrust & Competition team has prepared a detailed report analyzing the main issues and practical implications arising from the FNE’s guidance, which you can review by clicking here.