CARTEL AGREEMENTS AND LIMITATIONS OF THE PRICIPLE OF PARTY AUTONOMY

Abstract

Regardless of certain characteristics, cartel agreements are considere as a type of civil law contracts, on formation of which applies generally accepted principle autonomy of will. The principle of autonomy of will means the freedom of choice of the counterparty and freedom of determining the content of these relationships. However, both freedom may be limited by rules of competition and cartel law. On the one hand, the participants in the cartel were not allowed concluding cartel agreements. On the other hand, some market participants may be forced to involuntarily enter into certain types of agreements in order to achieve a desirable competition. In both cases, the cartel participants on the market at the same time limited and entrepreneurship. The existence of these limits is justified by the protection of public goods or common goals and interests.