Cartels only have one face – a reply

Kevin Coates and Johan Ysewyn

European Competition Journal, 2019, vol. 15, issue 1, 1-14

Abstract: This article is a response to the article published in this Journal by Michael Polemis and Aikaterina Oikonomou, from the Hellenic Competition Commission (“HCC”) and the Hellenic Single Public Procurement Authority respectively (the “Article”), which in turn analyses a 2008 decision of the HCC in the retail fuel sector. Our response reaffirms the position that tacit collusion can, unless there is a cogent economic rationale, under no circumstance be considered as a cartel.We discuss: The Article and the HCC decision it refers to;Why we believe tacit collusion should not be sanctioned as a cartel;Why, even in the set of factual circumstances put forward, there were credible alternative economic explanations; andHow tacit collusion can be challenged on the basis of other competition instruments

Date: 2019
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DOI: 10.1080/17441056.2018.1555941

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