On 2 April 2024, Rajah & Tann’s Competition & Antitrust and Trade Practice organised an in-person seminar titled “Competition/Antitrust in Southeast Asia Series: No 3 – When Labour & Employment Agreements and Policies Trigger Competition Law Violations and Remembering Employment Issues in Competition Law”.
Competition law compliance is critical in employment law during the day-to-day operation of a business, as well as where there is a structural change in the business. At the seminar, Kala Anandarajah, BBM, Head of the Competition & Antitrust and Trade Practice, alongside Joshua Seet from the same Practice, discussed potential cartel risks stemming from information exchange in employment practices, assessed the implications of salary and benefits guidelines, and provided insights into navigating no-poach and non-compete agreements, whether arising from transactions or routine operations. Employment issues figure very strongly in mergers, and to manage timelines, it is important that these issues are reviewed early. Additionally, employment considerations weigh in whether the merger will be cleared or otherwise, and hence cannot be ignored as reflected by the number of cases reviewed during the session. They also reviewed employment and competition concerns arising in the gig worker world.