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.
International Journal of Comparative Labour Law and Industrial Relations