Cartels Horizontality: Assuming the Obvious

Omar Guerrero Rodriquez, Alan Ramirez Casazza, Dec 17, 2013

There is international consensus in regards to considering hard-core cartels as the most serious violation in competition law. There is also agreement on their basic definition: “[A] cartel is an agreement among competitors to restrict competition amongst themselves.”

It seems close to impossible that a dispute can arise concerning the definition of cartels. Notwithstanding, problems can emerge when competition authorities make broad interpretations of cartel behavior that include activities that are not horizontal and, technically speaking, fall outside the definition of cartels.

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