The WHALD - White & Case heatmap of antitrust and labor developments

Latin America

Labor markets are high on the antitrust authorities' enforcement agenda globally. A growing number of agencies are starting investigations into various forms of employment-related arrangements, whether it be:

  • No-poach agreements 
  • Wage-fixing
  • Exchange of competitively sensitive information between companies about terms and conditions of employment, or
  • Non-compete clauses

This interactive map provides an overview of the key latest antitrust and labor developments in selected jurisdictions across the world. 

This page was last updated mid-November 2023.

Brazil

September 21, 2022: The Brazilian Competition Authority (CADE) fines (through settlement agreements) 35 individuals and six companies in the healthcare sector. The alleged anticompetitive practice involves the exchange of competitively sensitive information regarding remuneration and perks policy, allowances and employee benefits. The fines amount to €6.3 million. The investigation continues in relation to the other companies and individuals who have not settled.

December 16, 2021: CADE's General Superintendance launches administrative proceedings and adopts an interim measure ordering an artists union, SATED (Artists and Technicians in Entertainment Shows in the state of São Paulo's Union) to cease publishing minimum wages on its website. After receiving a complaint, CADE fined SATED for not complying with the interim measure imposed on April 28, 2022.

Colombia

September 22, 2023: The Colombian Competition Authority (SIC) issues a statement of objections against the Colombian Football Federation, the Major Division of Colombian Football (DIMAYOR) and 29 Colombian professional soccer clubs. The SIC suspects the existence of no-poach or wage-fixing agreements in the Women's Professional League market in the country from 2017 to the present.

March 8, 2023: The SIC carries out dawn raids at the headquarters of 11 football clubs. The SIC suspects the existence of no-poach or wage-fixing agreements.

August 2, 2022: The SIC accepts Dimayor's (Colombian Football League) commitments, concluding a probe into suspected anticompetitive behavior related to the contracts of football players, preventing the transfer of the rights of at least 16 players during the 2018-2021 period.

Peru

May 11, 2023: The Peruvian competition authority (Indecopi) fines six construction companies as well as four managers from the human resources departments of these companies for dividing the qualified personnel hiring market among themselves from 2011 to 2017. The fines amount to approx. €1.47 million.

June 26, 2020: Indecopi publishes an Informative Guide on the importance of respecting fair competition in labor markets, warning of the penalties they face if companies agree to anticompetitive conditions with other employers, such as wage- fixing or no-poaching agreements.

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