The Netherlands Authority for Consumers and Markets (ACM) has initiated a formal investigation into an unnamed IT company suspected of engaging in prohibited personnel agreements. These arrangements, often referred to as no-poaching deals, involve companies agreeing not to actively recruit or hire each other’s staff. Such actions are illegal because they restrict the freedom of movement for employees and can lead to stagnated wages or diminished working conditions.
Under competition law, the labor market is treated as any other market where firms must compete freely for talent. When employers collude to avoid poaching, they stifle the natural incentives for efficiency and innovation that arise when workers can easily move to where their expertise is most valued. Small businesses are particularly vulnerable to these agreements, as they may find themselves unable to compete with larger corporations for the skilled labor necessary for growth.
The ACM’s investigation follows a period of increased global focus on labor market antitrust enforcement, similar to the principles outlined in the UK Competition and Markets Authority’s (CMA) updated Markets Regime Guidance. Published on February 3, 2026, the CMA’s final guidance emphasizes the “4Ps” of pace, predictability, proportionality, and process to ensure that market investigations are conducted swiftly and fairly. This new framework includes the use of Project Roadmaps to provide businesses with clear milestones and earlier engagement opportunities with decision-makers.
In the current ACM case, inspectors have already conducted site visits and requested detailed information from the IT firm. While the investigation is ongoing and no final determination of guilt has been made, the company will be granted a fair hearing to present its defense if a violation is confirmed. Should the ACM find that competition rules were breached, it can impose significant sanctions to restore fair competition and protect the rights of employees in the technology sector.