The main purpose of this dissertation is to study the inadmissibility of no-poach agreements in our legal system, considering that it is a topic that has been gaining more and more visibility and relevance in the field of Competition Law, given its impact on the labour market. Thus, based on the recent decisions of the Competition Authority on the matter, we challenge ourselves to analyse their applicability in the specific context of Labour Law and Sports Labour Law, as we believe that all these branches of the Law are interconnected and that we are dealing with a system of rules. To this end, we will look for the basic grounds that justify the enshrined inadmissibility, countering them with arguments that could admit them, presenting our own theoretical path throughout the dissertation. In this sense, it will be shown that, given specific situations and certain requirements, there is nothing to prevent the possible validity of a no-poach agreement as a matter of sporting labour interest, given the various particularities that characterize the professional world of sport.
Date of Award | 29 Nov 2024 |
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Original language | Portuguese |
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Awarding Institution | - Universidade Católica Portuguesa
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Supervisor | Rita Canas da Silva (Supervisor) |
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- Labour law
- Sports labour law
- Competition law
- No-poach
- Freedom of work
- Anti-competitive practices
- Non-compete clause
- Differential competition
- Anti rival clause
A (in)admissibilidade dos acordos de no-poach no âmbito do direito laboral desportivo
Valente, M. C. (Student). 29 Nov 2024
Student thesis: Master's Thesis