ABSTRACT
Cartels exist where undertakings substitute collusion and cooperation for the rivalry. In 1984 the Commission found that many of the main manufacturers of woodpulp had engaged in a price cartel. Part of the basis for its finding was that on the wood pulp market all manufacturers made an announcement on the price of their pulp a few days before each quarter began. Courts were required therefore to weigh up whether the agreement was pro-competitive or anti-competitive as a whole. This placed a heavy burden upon the courts with everything depending upon the individual circumstances of the case. The problem remains for national courts attempting to make economic analyses of complex markets, especially in cases that involve small amounts. The Commission has thus suggested that there will be markets where vertical restraints can have anti-competitive effects. The exercise of the Commission's powers necessarily implies complex evaluations on economic matters.
