Värvningsförbud av anställda och konkurrensbegränsande samarbeten

Sammanfattning: This thesis focuses on employers’ use of non-­‐solicitation of employees in commercial contracts within the union’s internal market and how this can result in restrictive practices in violation of European law. Using legal method, legal economic considerations, and guidance from modern American legal development in antitrust law, this thesis is aiming to investigate how this kind of anticompetitive cooperation in the European labor market should be assessed. The result seems to be that despite a distinct and pronounced restrictive approach to the application of EU competition rules in the labor market, there are strong incentives and not any legal impediment to apply Article 101 TFEU on no cold call agreements between employers.