p. 53613. Horizontal agreements (1): cartels
- Richard WhishRichard WhishEmeritus Professor of Law at King’s College London
- , and David BaileyDavid BaileyProfessor of Practice in Competition Law at King’s College London
Abstract
This chapter is concerned with the prohibition of cartels. It begins with a discussion of the widespread consensus among competition authorities worldwide that cartels should be condemned, and gives examples of recent enforcement that led to the imposition of significant fines and sentences of imprisonment. It also looks at anti-cartel enforcement in the EU. The chapter then considers the application of Article 101 to particular types of cartels: price fixing, market sharing, production quotas and other ‘hard-core’ cartel practices. The final section of this chapter looks at anti-cartel enforcement in the UK.
Keywords
- Cartels
- OECD
- ICN
- Fines
- Leniency
- Concealment
- Proof
- Facilitators
- Single and continuous infringement
- Public distancing
- Coronavirus crisis
- Judicial review
- Price fixing
- Price signalling
- Hub and spoke conspiracies
- Algorithmic collusion
- Blockchains
- Buyers’ cartels
- Joint selling agencies
- Article 101(3)
- Market sharing
- Quotas
- Collusive tendering
- Bid rigging
- Joint bidding
- Standard terms
- Exchanges of information
- Agreements
- Restrictions of competition by object
- Restrictions of competition by effect
- Advertising restrictions
- Anti-competitive horizontal restraints
- Boycotts
- Collective exclusive dealing