The Secretariat of the Swiss Competition Commission (COMCO) has published a guidance note on competition law issues in labour markets. Intended for employers, employees, trade unions, professional and employers’ associations, public authorities and practitioners, the note, which is open for public consultation until 30 September 2026, provides the first guidance on the application of Swiss competition law to labour markets and marks an important step in an area that has so far received limited attention in Switzerland.

While it comes as little surprise that agreements between employers relating to wages and other elements of remuneration may qualify as price-fixing agreements under the Swiss Cartel Act, the guidance also highlights that no-poach and no-hire agreements, exchanges of competitively sensitive information concerning working conditions, as well as benchmarking practices, may, depending on the circumstances, constitute unlawful agreements.

As the guidance note emphasises, the assessment of these practices depends on their specific features, their actual or potential effects on competition, and the circumstances of each individual case. With the public consultation remaining open, further developments are expected.

Flavia Bianchi (Public Law practice) and Laurence Crittin (Employment practice) are closely following these developments and remain available to assist clients in assessing their implications and ensuring compliance with evolving expectations regarding HR practices.

The guidance note is available here:
 https://www.admin.ch/fr/newnsb/ighGWdNXFsgmXvOFASTwB