Czy przejęcie pracowników może stanowić koncentrację?
Can the transfer of employees constitute a merger?

Summary/Abstract: The purpose of this article is to analyze whether the transfer of employment contracts may constitute a concentration, and if so, in what circumstance. It draws inspiration from foreign cases and the phenomenon of "acqui-hiring" - the organized transfer of employees. The article presents existing Polish and foreign cases in this area, as well as the assessments made by antitrust authorities. The article also raises issues related to the interpretation of the law, notification criteria, and the impact of such transactions on the labor market and competition. Although the phenomenon of employee poaching (the war for talent) is, in particular, talked about in new technology markets, it is not limited to this sector as it can occur in any market where employers have difficulty recruiting qualified staff. Proceedings in the new technology sector show that antitrust authorities are closely monitoring the market, and analyzing transactions carried out, in terms of the application of competition law rules, including those concerning concentrations. Particular attention must be paid in this context in the case of entities whose relatively low turnover may not reflect their actual market position.

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