KARTELE EKSPORTOWE W ŚWIETLE PRAWA OCHRONY KONKURENCJI
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Date
2003
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Wydział Prawa i Administracji UAM
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EXPORT CARTELS IN THE LIGHT OF COMPETITION LAW
Abstract
The term export cartels denotes agreements between companies operating in the same industry
which aim at restricting (or even eliminating) mutual competition in export of the goods
(or services) offered on one or more foreign markets. Such dealings are coordinated between
independent companies and replace their unconstrained decisions on export of goods or
services to foreign markets with an arrangements on prices, production volume or other business
parameters. Not all cooperation agreements between exporters can be deemed to involve
export cartel definition. Furthermore, not all export cartels are detrimental per se or even
from the standpoint of importing country. Increased productivity and competition-friendly impact
on the export in the source country may also prove beneficial for the consumers of the importing
country. This is notably true of the cartels of innovative character that aim at research
and development cooperation (R&D cartels). However some forms of cartelizing, both
domestic and exporting, bring about particularly negative consequences for the operation of
markets (the so-called „hardcore cartels”).
The paper examines different forms of the various cartels, presents their typology and
analyzes their activities worldwide, providing examples of their operations on the world market.
It also explains the rationale behind their establishment and consequences of their operation
from the standpoint of competition regulations.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 65, 2003, z. 3, s. 17-39