Buyback and holding companies should acknowledge the increased review of staff and employment practices by cartel custodians in both the United States and Europe. Non-financing and wage-setting agreements – agreements between companies that agree on wages or prevent or limit the hiring of the other – can result in large fines and even criminal penalties, as well as private actions for damages. Parental liability in the event of a failure of the cartel in Europe may also arise in the event of a minority stake, even if the buyout company was not involved in the fault or was aware of it. Serbian companies should be cautious on the basis of a possible review by the Serbian NCA. taking into account the increase in the growth of the Serbian market and the frequent mobility of employment; Companies operating in Serbia and working in Serbia are on a wobbly state, particularly given the criminal side of cartel enforcement following recent changes to the penal code. Similarly, in 2012, the DOJ sued eBay, claiming that starting in 2006, eBay and Intuit executives and directors entered into an agreement preventing each company from recruiting staff from the other and prohibited eBay from recruiting intuits employees who were speaking to eBay. In 2014, the DOJ announced that it had reached an agreement with eBay Inc. to prevent the company from entering into or maintaining agreements with other companies that restrict hiring and hiring. It therefore appears that non-defence agreements are becoming one of the DOJ`s main objectives with regard to the interconnection of competition and labour law. Companies, especially high-tech companies, compete for talented employees. Demographic changes and a growing shortage of skilled labour will further exacerbate competitive pressure.
In this context, human resources managers of different companies may be inclined to discuss among themselves so as not to poach each other`s employees (potential agreements without poaching). Or employers may be inclined to discuss the terms and conditions of employment of potential workers, such as wages (potential wage agreements).