THE ANALYSE OF THE REGULATIONS AT THE EUROPEAN LEVEL REGARDING CARTELS. CASE SUDY: CARTEL BETWEEN THE COMPANIES CHIQUITA AND PACIFIC

Berinde Mihai () and Fora Andreea - Florina ()
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Berinde Mihai: University of Oradea, Faculty of Economic Sciences
Fora Andreea - Florina: Universitatea din Oradea, Facultatea de Stiinte Economice

Annals of Faculty of Economics, 2012, vol. 1, issue 1, 22-27

Abstract: The present paper tries to make an analyse of the policy in the field of competition, at the level of the European Union, more exactly the policy applied on cartels. It is important to know the regulations regarding cartels, especially the way in which procedures are done in the case of a cartel. Cartels have a negative impact on competition and consumers, and thatâ€(tm)s why it is extremely important that they are discovered on time and after that, by using correction measures to try to recuperate the created damage. The used research method is the analyze of the legislation in force regarding cartels and the study of the existing literature in this field, and in order to give an example of the procedures in the case of a cartel, we analyzed the cartel between two companies Chiquita and Pacific. It is extremely important for these regulations to be known, and in order to discourage such practices, the European Committee has thought of a series of advantages for the companies that give information and evidence regarding the existence of a cartel. Among these advantages we could mention immunity to fine, that permits the company to be absolved of all its fines. The paper presents schematically the legislation that forbids anti-competitive practices, at the level of the European Union, and after that the applied procedure when a law violation is discovered. The modality in which the procedures are applied, in the case of suspecting a cartel, have been presented step by step, and after that, the case study does not exist only to give an example of procedures, but also to present the applied methods, in the case of success in proving the existence of a cartel. The importance of competition policy at a European level cannot be denied because of the fact that only by implementing of a proper policy in this field, an economy can develop further.

Keywords: cartels; competition policy; European legislation; fine; immunity from fines (search for similar items in EconPapers)
JEL-codes: F51 K21 L13 L66 (search for similar items in EconPapers)
Date: 2012
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