DISTINCTION BETWEEN CARTEL AGREEMENTS AND CONCENTRATIONS BETWEEN UNDERTAKINGS IN THE EU COMPLETION LAW

Abstract

The subject-matter of this article is the distinction between cartel agreements and concentrations between undertakings in the EU completion law. Namely, EU law applies separate legal regimes on acts of cooperation and concentrations between undertakings, which makes need for distinguishing between these two terms. In practice pure forms of cartel agreements and concentrations are rarely found, but some mixed forms (e. g. joint ventures) prevail. The criteria for distinguishing between cartel agreements and concentrations are established in Council Regulation 4064/89 and Commission notices, but distinction isn't completely defined. Especially uncertain are criteria for establishing the economic (in)dependence of undertakings which is the key element for distinguishing between cartel agreements and concentrations. The author suggests that the unified legal regime for cartel agreements and concentrations would be a much more adequate solution.