ABSTRACT

In discussions concerning international commerce and the need for rules governing anticompetitive conduct, private international cartels attract the most attention. This reflects the fact that cartels are widely regarded as the most egregious type of anticompetitive conduct. There is also a widespread belief that international cartels are quite common. The empirical evidence suggests that these cartels do, in fact, cause considerable harm.1 As a result countries are now much less inclined to view the protection of international cartels as sound policy. As discussed in the preceding two chapters, the same antithetical view does not apply in respect of private access barriers and export cartels, which remain for some states acceptable methods of protecting and promoting local industries.