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Shadow deals stifle competition

Thursday, September 24, 2015 @ 8:00 PM | By Mark Katz

A company’s human resources functions, such as recruitment and compensation, are (unlike sales and marketing) not typically regarded as antitrust “hot spots.” Recent cases in the United States, however, highlight how hiring practices can create the risk of competition law violations for companies and their personnel. Since Canadian competition law is similar to U.S. antitrust law in these respects, it is important that Canadian HR professionals be aware of these risks and protect themselves and their companies from exposure.

In the most notable recent U.S. case,...