Cartels: 20 FAQs

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1. What is a cartel?
2. What are the 'hardcore' cartel offences under the 2002 Enterprise Act?
3. Are there any exceptions where businesses are allowed to collaborate?
4. Can we be caught by the cartel rules even if we haven't made an agreement to take part in a cartel?
5. Do the cartel rules still apply if we are small businesses?
6. Do the cartel rules apply if the customer suggests that we collaborate with other businesses?
7. We operate under a distribution agreement that limits our freedom to compete
8. Does it count as a cartel if we collaborate with another business just for a one-off project?
9. Could a purchasing consortium be a cartel?
10. How much information are we allowed to share with our competitors - for example, in a benchmarking study or through our trade association?
11. Who regulates competition and investigates cartels?
12. What will happen if the regulator thinks we are part of a cartel?
13. What are the penalties for taking part in a cartel?
14. Can I personally be prosecuted if my business is part of a cartel?
15. Can businesses that are victims of a cartel sue for compensation
16. What should I do if my business is part of a cartel?
17. What should I do if I think my business is the victim of other businesses acting in a cartel?
18. What are the rules if we have a monopoly or a dominant market position even without collaborating with our competitors?
19. What happens if a merger or joint venture creates a cartel or a monopoly?
20. Can a small business be a monopoly?

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