关键词: 互不挖角协议, 反垄断法, 劳动力市场, 垄断协议, 滥用市场支配地位

Abstract: The "no-poaching agreement" violates the spirit of the Anti-Monopoly Law of the People's Republic of China (hereinafter referred to as the "Anti-Monopoly Law"), and anti-monopoly law enforcement activities against the "no-poaching agreement" outside the country are increasing. The damage to competition caused by the "no-poaching agreement" is significant, and its regulation in the Anti-Monopoly Law conforms not only to the institutional logic, but also to the practice trend at home and abroad. However, However, in regulating "no-poaching agreements", antitrust laws are in the dilemma of improper value orientation, neglect of protection of employee interests, poor behavior identification, emphasis on monopoly agreement path and fragmentation of law enforcement process, and lack of ex ante regulation. To solve this dilemma, it is urgent to adjust the value concept, adhere to protection of competition process, construct a dual regulation path, and to establish a pre-compliance system to promote the anti-monopoly regulation of "non-poaching agreement".

Key words: no-poaching agreements, antitrust law, labor market, monopoly agreements, abuse of market dominance