The Romanian Competition Council has issued its first-ever decision sanctioning anti-competitive practices on the labour market, marking a significant milestone in the enforcement of competition law beyond traditional product and service markets.

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The authority had fined eight companies a total of EUR 32.15 million for participating in an anti-competitive agreement aimed at dividing the labour market, restricting employee mobility and keeping human resource costs artificially low.

 

According to the Competition Council, the sanctioned companies agreed not to compete with one another for the recruitment and hiring of qualified and specialised employees, particularly those involved in automotive production and related activities, including engineering services and technical consultancy in Romania. The companies involved are Alten Si-Techno Romania, Akkodis Romania, Automobile-Dacia, Bertrandt Engineering Technologies Romania, Expleo Romania , FEV ECE Automotive, Renault Technologie Roumanie  and Segula Technologies Romania.

 

Anti-competitive agreements targeting employees

 

Following its investigation, the authority found that the companies had entered into no-poach arrangements, whereby they agreed not to recruit or hire employees from one another. In addition, they allegedly committed to not approaching each other’s staff without the prior consent of the current employer, effectively eliminating competition for skilled labour.

 

“This is the first case in which we have sanctioned such anti-competitive practices, where companies do not compete to attract specialised labour. Human resources represent a key parameter of competition between companies, given the share of personnel costs in total expenses, labour shortages and the mobility of employees and workforces”, stated Bogdan Chirițoiu, President of the Romanian Competition Council. He emphasized that labour markets must remain competitive and that employees should benefit from genuine opportunities, mobility and fair wage conditions.

 

A broader European enforcement trend

 

The Romanian decision aligns with a broader European enforcement trend targeting cartels and restrictive practices in labour markets. In this regard, in  June 2025, the European Commission fined food delivery companies Delivery Hero and Glovo EUR 329 million for engaging in cartel conduct. The Commission found that the companies had agreed not to poach each other’s employees, exchanged competitively sensitive information and allocated geographic markets.

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These developments confirm that anti-competitive conduct is no longer limited to pricing or market allocation for goods and services, but increasingly extends to employment conditions, recruitment strategies and human capital.

 

No-Poach clauses vs. Non-Solicitation clauses

 

In this enforcement context, no-poach clauses and also non-solicitation clauses require particular attention.

 

No-poach clauses are agreements between companies under which they commit not to hire or employ each other’s employees, whether or not those employees apply on their own initiative. Such clauses directly restrict labour mobility and competition between employers and are increasingly viewed by competition authorities as hardcore restrictions, similar to price-fixing or market-sharing agreements.

 

By contrast, non-solicitation clauses are typically narrower. They usually prohibit one party from actively approaching or targeting another party’s employees, while still allowing hiring if an employee applies independently. These clauses are more common in commercial agreements (e.g., outsourcing, M&A or consultancy contracts) and may, in certain circumstances, be justified as ancillary restraints, provided they are limited in time, scope and purpose.

 

However, even non-solicitation clauses can raise competition concerns if they are overly broad or systematically applied between competitors, effectively producing the same restrictive effects as no-poach agreements.

 

Key takeaways for companies

 

The Romanian Competition Council’s decision sends a clear signal that labour markets are fully subject to competition law scrutiny. Employers should carefully review their recruitment practices, HR policies and contractual arrangements with competitors, particularly in sectors relying on highly skilled or specialised labour.

Both no-poach and non-solicitation clauses must be assessed with caution, as the risk of significant financial penalties and reputational damage is now firmly established at both national and EU level.