Belgian Competition Authority Finds That No-Poach Agreements in the Private Security Sector Are “By Object” Restrictions of Competition

On 2 July 2024, the Belgian Competition Authority (BCA) fined three private security companies over €47 million following the finding that these companies participated in a cartel scheme with the global aim of guaranteeing a continued status quo in the market for private security services. In essence, the cartel practices consisted of applying agreed-upon minimum hourly rates, sharing intentions on public procurement and tenders, and concluding a so-called “no-poach” arrangement. Regarding this last element, in its decision, the BCA establishes for the first time that no-poach agreements can be restrictions of competition “by object”.

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