With the labour market showing no signs of weakening since the end of the crisis caused by the Covid 19 pandemic, which has also led to significant changes in the way work is organised, talent retention continues to be on top of human resources agenda.

It goes without saying that talent retention strategies encompass issues that go well beyond the strictly legal, but in this area, topics that both employment lawyers as well as human resources managers have historically remained aloof from are beginning to have a potential impact. We are referring specifically to competition law.

At its core, competition law aims to protect competition as a public good, guaranteeing the balanced and efficient functioning of the market economy and protecting consumers.

As of late competition authorities have increasingly focused their attention on labour markets, seeking to ensure that they remain open and competitive. In Portugal, at least since 2021, the Competition Authority (“AdC”) has also had this issue under its radar and has included, in its competition policy priorities document for 2023, intensifying “the contribution to the promotion of an open and competitive labor market, in which employers adopt an independent and competitive conduct, contributing to more opportunities for workers and innovation.”

VCA has prepared an explanatory document for you on Labour Law and Competition Law.

Labour Department

Hugo Martins Braz | Tiago Lopes Fernandez