Competition law is no longer limited to pricing or market allocation. It now extends to employment-related decisions and the management of talent within organizations.

The Chilean competition authority has recently highlighted the risks associated with practices such as coordinating salaries, benefits, hiring policies, or non-solicitation agreements between companies. Even when informal, these practices may create exposure for both companies and their directors and executives.

In addition, the exchange of sensitive employment information —such as compensation structures, labor costs, or hiring plans— may facilitate anti-competitive conduct, even between companies that do not compete in the same markets but do compete for talent.

In this context, it is essential for companies to review their internal policies, human resources practices, and protocols for interacting with third parties, including industry associations, salary benchmarking exercises, and meetings with competitors.

Managing competition risk today requires a broader and more integrated approach, where HR, compliance, legal teams, and senior management work together to prevent contingencies and ensure regulatory compliance.