The Portuguese Competition Authority (AdC) has imposed a €4.519 million fine on the Portuguese Association of Private Sector Employment and Human Resources Companies (APESPE) for adopting and maintaining a no-poach clause that restricted competition in the labor market.
According to the AdC, the clause was incorporated into APESPE’s Code of Ethics and required member temporary employment agencies not to solicit or entice temporary workers employed by other member firms. The authority concluded that the provision constituted an anti-competitive decision by a business association because it limited companies’ autonomy in defining recruitment strategies and reduced labor mobility for temporary workers.
The investigation found that the clause had been in place for an unusually long period, from December 1987 until March 2025. During that time, the association’s members—around 40 companies, mostly temporary employment agencies—were subject to the restriction. The AdC determined that such arrangements can directly affect workers by weakening their bargaining power and limiting opportunities for professional advancement.
The case was initiated ex officio by the AdC in February 2025. In June 2025, the authority issued a statement of objections to APESPE, allowing the association to exercise its rights of defence. After reviewing the evidence gathered during the investigation and the response submitted by APESPE, the AdC adopted a final infringement decision. The decision may still be subject to appeal.
The €4.519 million fine was calculated on the basis of the turnover of APESPE’s member companies. Under Portuguese competition law, fines for anti-competitive practices cannot exceed 10% of the turnover achieved in the year preceding the authority’s final decision by the companies involved. When determining the amount of the penalty, the AdC considered factors such as the seriousness and duration of the infringement, in line with its guidelines on the methodology for setting fines and international enforcement practices.