Journal article Open Access

The Phenomenon of Cartels in the European Union

N.D. Moroz

The article describes basic and general understandings of the question of cartels’ existence. Advisement of their present forms sets detached place. The author emphasizes on the cartels’ influence to the economy and legislative regulation in the European Union. Antimonopoly policy is quite developed and working in this organization. First of all, it includes a system of the regulatory norms. Basic principles are gathered in the Treaty on the Functioning of the EU (TFEU) that contains specific title with a name “Common rules on competition, taxation and approximation of laws”. The Directorate-General for Competition (DG COMP) plays the leading role in successful result of anti-cartel policy as a profile institution in the European Commission (EC) in the European Union. Dominant position, of course, has the Court of Justice of the European Union. The decisions of the ECJ as a type of primary legislation show an example of a direct effect on the negative monopolistic activity of the cartels. Moreover, there is an efficient system of sanctions against violation antimonopoly legislation in the union. Participants of the cartel agreements endeavor to assign market and economic direction to their own side for own profit. That is why their activity is supposed as dangerous one. Summarizing all these following statements, the author proposes to view the phenomenon of cartels in the article deeply. The article includes theoretical description of the cartels’ appearance, to research its legislative regulation and the practical approaches to the control methods.

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