An agreement, association of independent companies or individuals for the purpose of exerting a restrictive or monopolistic influence on the production or sale of a product. The most common agreements aim to regulate prices or production, or to divide markets. The members of a cartel retain their distinct identity and financial independence while participating in common policies. They have a common interest in exploiting the monopoly position that concentration helps to maintain. Combinations of cartel forms emerged at least in the Middle Ages, and some authors claim to have found evidence of cartels even in ancient Greece and Rome. Ex officio investigation of cartels and use of screens to denounce cartels, 2013 In Germany, the cartel, which is often supported and enforced by the government, is the most common form of monopolistic organization in modern times. German cartels are usually horizontal combinations of producers – companies that produce competing goods. A strong impetus for the formation of cartels came from the growing desire of German industry to dominate foreign markets in the decade before World War I. Customs protection has kept domestic prices high and allowed companies to sell abroad at a loss.
Cartels have a negative impact on consumers, as their existence leads to higher prices and limited supply. The Organisation for Economic Co-operation and Development (OECD) has made the detection and prosecution of cartels one of its priority policy objectives. In doing so, it identified four main categories that define the behaviour of cartels: prices, production restrictions, market sharing and tendering agreements (collusive tendering). Two or more companies agree in advance that will bid. As a rule, it is also agreed in advance who should be awarded the contract at what price. Tendering agreements can manifest themselves in the following ways: cartels often practice international pricing. If the price control agreement is sanctioned by a multilateral agreement or protected by national sovereignty, no antitrust measures can be taken. [14] OPEC countries partially control the price of oil, and the International Air Transport Association (IATA) sets international airfare prices, while the organization is exempt from antitrust law. [15] [16] Prior to World War II, cartel members could sign contracts enforceable in court, except in the United States. Before 1945, cartels were tolerated in Europe and specifically promoted as a business practice in German-speaking countries. [22] In U.S.
v. National Lead Co. et al., the U.S. Supreme Court noted the testimony of individuals who cited that a cartel in its multifaceted form is a cartel that has existed since ancient times. [2] The guilds of the European Middle Ages, associations of craftsmen or merchants of the same trade, were considered cartels. [3] Strictly organized sales cartels in the mines at the end of the Middle Ages, such as the salt syndicate of 1301 in France and Naples or the cartel of the elders of 1470 between the Papal States and Naples. [4] The two unions had joint sales organisations for total production, the Societas Communis Vendicionis [Joint Sales Company]. An agreement is an organization formed from a formal agreement between a producer group of a good or service to regulate supply in order to regulate or manipulate prices. In other words, a cartel is a set of otherwise independent companies or countries that work together as if they were a single producer and can thus set the prices of the goods they produce and the services they provide without competition. Certain types of anti-competitive agreements and practices are exempt from the prohibition of cartels provided for in Article 30 of the Commercial Code. These concern: Drug trafficking organizations, especially in South America, are often referred to as « drug cartels. » These organizations meet the technical definition of agreements. These are loosely related groups that set rules between themselves to control the price and supply of a good, namely illegal drugs.
If you think companies are in an antitrust deal, you can disable the ACM (in Dutch). Once the agreement is concluded, the agreement manipulates the markets by engaging in anti-competitive and often illegal activities. These may include, but are not limited to: If you wish to leave an agreement, you can report it to ACM (Leniency Application). You will not be fined or your fine may be reduced. Sectoral protection agreements are permitted. A sector protection agreement is an agreement between the operator of a shopping centre and an entrepreneur whose business is located in that shopping centre. It protects the store owner from competition from newcomers to the mall who operate in the same industry. The consequence of cartels is that the price for the consumer is higher than the competitive price.
Cartels can also support inefficient companies in an industry and prevent the introduction of economic technological advances that would lead to lower prices. Although a cartel tends to create price stability as long as it lasts, it usually does not last long. There are two reasons for this. First, while each member of the cartel wants the other members to comply with the agreement, each member is also motivated to break the agreement, usually by lowering its price slightly below the cartel price or by selling a much higher production. Second, even in the unlikely event that the cartel members stick to their agreement, price reductions by new entrants or by existing undertakings which are not part of the cartel will undermine the cartel. Two or more companies agree to share the market and not be active in each other`s fields. This can be a geographical subdivision, a breakdown by category of customers, etc. Market-sharing agreements can manifest themselves as follows: The Organization of the Petroleum Exporting Countries (OPEC) is the largest cartel in the world. It is a group of 14 oil-producing countries whose task is to coordinate and unify the oil policies of their member countries and to ensure the stabilization of oil markets. .