Research Of Antitrust Law On The Employers’ Collaboration Of Restricting Competition Of Employees

China’s "Anti-Monopoly Law" was promulgated in 2007 and implemented in 2008.Its implementation purpose is set to "prevent and stop monopolistic behavior,protect fair market competition,improve economic operation efficiency,safeguard consumer interests and social public interests,and promote the health of the socialist market economy.development of".At present,the law mainly focuses on the commodity market and prevents monopoly behavior in the commodity market.However,there are also behaviors in the labor market that are similar to the monopoly of commodities by employers who conspire with other employers to restrict the freedom of employment and employment of employees through their own influence.Due to the correlation between the labor market and the commodity market,and employers’ monopoly on restricting the behavior of competing employees is monopolistic.It is necessary to introduce the "Antitrust Law" into the labor market to regulate this behavior.This article compares horizontal monopoly agreements with employers’ joint restrictions on the behavior of employees through analyzing the basic concepts,describes the characteristics of behaviors and the causes of behaviors.Later,the specific methods of employers jointly restricting the behavior of competing employees in the labor market,namely,no poaching,non-acceptance of job applications,restriction on employment,conspiracy to fix employee salaries,and sharing and exchanging sensitive data were explained in detail,indicating that the extension of the Antitrust Law to the labor market.Therefore,it is necessary to characterize the behavior at the system level.AT the same time,it requrises us to provide rights relief to employees whose employment rights and employment rights are restricted.Secondly,the current situation of China’s employers to restrict the competition of employees is explained,and the monopoly phenomenon in China’s current labor market is basically introduced.Signing of "No Mutual Angle" agreement,etc.This kind of phenomenon shows that the application of China’s "Anti-Monopoly Law" to the labor market is still controversial.Monopoly behaviors in the labor market are not regulated,and they have not been qualitatively identified in judicial practice.It is difficult to clarify the constituent elements and exemption conditions of the act from a legal perspective,and at the same time there are insufficient regulations on legal liability,and there is no detailed conduct guide.Through research on mature experience outside the region,it is found that the labor market needs antitrust laws to expand its scope of application for regulation,and employers restrict the behavior of competing employees to be monopolistic in order to obtain phase recognition.Summarize the specific ways in which antitrust laws are applied in the labor market,that is,under the principle antitrust regulations,the introduction of specific guidelines for restricting competition behavior and the consulting system help employers to deepen their understanding of their behaviors in advance,formulating certification standards and simplify the burden of proof for restricted employees to bring lawsuits.Combining "self-infringement" and "rationality" to determine and exempt employers’ monopoly behavior,and make full use of the antitrust commitment system to settle cases.Finally,by combing and summarizing the above contents,it is proposed that China should use anti-trust related laws and regulations to regulate employers ’restrictions on employees’ competition.The first is to clarify the regulatory qualifications of the AntiMonopoly Law on monopolistic behaviors in the labor market and expand its scope of application.The second is to clearly define the subject matter and the subject matter in the employer’s joint restrictions on the competition of employees,and determine the subject qualifications of employers and employees in the labor market to participate in antitrust proceedings.The third is to improve China’s rules for determining employers’ joint restrictions on the behavior of employees in competition,set the two requirements of the existence of harmful competition and the effect of harmful competition,and set the existence of reasonable and legitimate reasons,the existence of the effect of promoting competition as exemption conditions.The fourth is that the current anti-monopoly system only focuses on the field of commodities,and the liability liability clause after the enterprise’s behavior is judged to be a monopoly behavior is only forfeiture of illegal gains and penalties by relevant departments.If the "Anti-Monopoly Law" is introduced into the labor field,there is no stipulation on the compensation that employees with restricted employment and employment rights should receive.A basic compensation calculation model should be set in accordance with China’s actual conditions.Finally,it refers to the extraterritorial laws and supplements China’s antitrust law supporting procedures,such as establishing normalized consulting channels,issuing relevant guidelines on restricting competition under the Antitrust Law.