Navigating the Facilitator’s Role in Cartel Dynamics: Legal Conditions and Consequences under Article 101 TFEU

Virginia Pavel
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Virginia Pavel: EUROPÄISCHE RECHTSAKADEMI

Romanian Competition Journal, 2025, vol. 4, issue 1, 53-59

Abstract: This article explores the evolving role of third-party facilitators in cartel dynamics under Article 101 TFEU,focusing on their potential liability even when not active in the same market as cartel participants. Through analysis of key European Commission decisions and European Court judgments—including Treuhand, Heat Stabilisers, Icap, and Eturas—the article outlines the legal criteria for holding facilitators accountable: knowledge (or constructive awareness), contribution to the cartel's objectives, and intent. Special attention is given to the implications for data aggregation enterprises, which must exercise due diligence to avoid inadvertently supporting anti-competitive practices. The article concludes with compliance recommendations to mitigate legal risks in this expanding area of competition law enforcement.

Keywords: facilitator; facilitator liability; cartel participants; intent and knowledge; data aggregation risks. (search for similar items in EconPapers)
Date: 2025
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Persistent link: https://EconPapers.repec.org/RePEc:ris:rocojo:021915

DOI: 10.58276/RCJ.2025.1.1

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