Across the world, cartel conduct is prohibited per se or by object, without the need to prove their anti-competitive effects or their actual implementation. Prohibitions on cartel conduct apply not only to explicit agreements but encompass a range of other concerted practices where parties have reached a so-called “meeting of the minds”. Cartel cases raise many issues regarding evidence, especially economic evidence.
In December 2023, the OECD Global Forum on Competition discussed the topic with over 110 competition officials worldwide during a roundtable and two breakout sessions:
- Use of Economic Evidence in Cartel Cases by competition agencies in their enforcement work
- Case studies of how authorities effectively communicate economic evidence in court and to non-experts
