The Cartels Division is responsible for investigating alleged hard-core cartels. Cartels are the most serious form of anti-competitive behaviour; the detection, investigation and prosecution of cartels is a top priority for the Competition Authority.

What is a cartel?

A cartel is an illegal agreement between two or more competitors not to compete with each other. The sole purpose of cartels, which usually involve a secret conspiracy, is to make more profit at the expense of their customers. As such, they are a crime against consumers. They cause consumers to pay more for goods and services than they otherwise would have paid. There are different types of cartels: 

• Price fixing: Competitors illegally agree the price for, or discounts on, goods or services.
• Market sharing: Competitors illegally agree on which locations each of them can or cannot operate in, or customers to whom they can or cannot sell. They also divide locations and/or consumers up among competitors.
• Limiting production: Competitors illegally agree to control the amount of goods or services provided, in order to ensure that prices remain high.
• Bid-rigging/collusive tendering: Collusive tendering involves competitors illegally agreeing on who will win a tender. Bid-rigging or collusive tendering may take the form of any or all of the specifically prohibited activities, by fixing prices, sharing markets or limiting access to goods or services.

A cartel is a crime

These types of agreements are crimes; they breach section 4 of the Competition Act 2002, and Article 101 of the Treaty on the Functioning of the European Union, formerly Article 81 of the EU Treaty. 

Where we get enough evidence to show that a cartel may exist, the Competition Authority will submit a file to the Director of Public Prosecutions (DPP) with a recommendation that the parties involved be prosecuted on indictment. Competition offences committed after 1st July 2002 are prosecuted on indictment in the Central Criminal Court. In those circumstances, where the Authority does not believe that the allegations warrant prosecution on indictment, the Authority may itself bring a summary prosecution in the District Court.

Businesses and individuals found guilty of hard-core cartel offences face a number of penalties, including fines and imprisonment. You can find information on cartel cases under Criminal Court Cases.

Cartel Immunity Programme
 
If you are a member of a cartel, you could avoid prosecution if you are the first individual or business to self-report your involvement in the cartel.  You may then avoid fines and jail. For more information see the Cartel Immunity Programme.

Reporting anti-competitive behaviour

If you wish to report anti-competitive behaviour please contact us.

Need more information?

For further information on the Cartels Division please click here.