Meaning of ‘controlled group’ in cartel cases: approaches of the authority and courts

Abstract

Recent judicial practice regarding the interpretation of the ‘controlled group’ in order to apply exceptions from prohibition on cartel agreements is controversial. Taking advantage of the uncertainty that has arisen, many participants in cartel cases make attempts (and sometimes successfully) to prove that in fact the conspiracy took place within a controlled group, and, therefore, was permissible. In this article we will consider the most common arguments used by business entities in cases of cartels and evaluate the possibility of their application in modern conditions.