Press Release 07/2026
March 12, 2026

The Decision
The Portuguese Competition Authority (AdC) has fined the Portuguese Association of Private Employment and Human Resources Companies (APESPE) for adopting a no-poach clause.
The investigation conducted by the AdC established that this clause — through which member temporary employment agencies undertook not to solicit or recruit temporary workers employed by other member companies — was adopted as part of the Association’s Code of Ethics and remained in force between December 1987 and March 2025.

The Investigation
The AdC opened the investigation ex officio in February 2025.
In June 2025, the AdC issued a Statement of Objections to the Association, granting it the opportunity to exercise its rights of defence and to be heard. APESPE submitted written observations in response to the Statement of Objections.
Based on the investigation carried out and the evidence gathered, the AdC has now adopted a final infringement decision, which may still be subject to judicial appeal.
The evidence that led to the opening of the investigation was consolidated through the exchange of experiences and information during the AdC initiative “20 years, 20 cities – competition comes to you!”. This initiative, which is still ongoing, aims to bring the AdC closer to the business community, public bodies and citizens across mainland districts and the autonomous regions through dedicated outreach sessions.
Proceedings PRC/2025/2 is public, pursuant to Article 32 of the Competition Law.

The Fine
The AdC has imposed a fine of €4,519,000 (four million five hundred and nineteen thousand euros) on APESPE.
This fine was calculated based on the turnover of APESPE’s member companies.
Under the Competition Law, fines may not exceed 10% of the turnover achieved in the year preceding the AdC’s final decision by the association’s member companies.
When setting the fine, the AdC takes into account the gravity and duration of the infringement, among other criteria, in line with international best practices (see the AdC’s Guidelines on the methodology for setting fines). APESPE brings together around 40 members, most of which are temporary employment agencies.

The Anticompetitive Practice 
The conduct at issue constitutes a decision by an association of undertakings, specifically the adoption of a no-poach clause within the APESPE Code of Ethics. “No-poach” agreements and decisions by associations of undertakings are prohibited under the Competition Law because they limit companies’ autonomy in defining their commercial strategies and directly affect workers, reducing their bargaining power, labour mobility and, consequently, their opportunities for career progression.

To prevent such practices, the AdC published in September 2021 a Report and a Guide to Best Practices, containing recommendations to avoid the conclusion 
f anticompetitive agreements in labour markets.
Restrictive practices in labour markets negatively affect companies’ competitiveness, workers’ welfare and the country’s economic performance.
For this reason, the AdC has reinforced its enforcement activity in this area, identifying the fight against such practices as one of its Competition Policy Priorities for 2026. The objective is to ensure the proper functioning of labour markets, thereby aligning the interests of citizens and the economy.