Anti-poaching and wage-fixing agreements in labour markets represent a significant, yet largely unaddressed, antitrust concern in India. This paper argues that the Competition Commission of India (CCI) possesses both the legislative mandate under the Competition Act, 2002, and a compelling jurisprudential basis to proactively investigate and penalise such collusive practices. Drawing on a comparative analysis of enforcement trends in jurisdictions like the US, EU, and Canada, and a doctrinal review of Indian contract and competition law, this paper contends that the CCI’s current reluctance to engage with these issues, often deferring them to employment law, is a critical lacuna. It demonstrates that existing provisions, particularly section 3 of the Competition Act, are sufficient to address these anti-competitive agreements. The paper concludes by offering specific policy and enforcement recommendations for the CCI, urging a shift towards robust scrutiny to safeguard labour mobility, to ensure fair wages, and promote overall economic efficiency in India’s rapidly evolving labour markets.
Banerjee et al. (Mon,) studied this question.