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EC Cartel Database Database contains EC Cartel Cases from Data Source: Competition Commission’s decisions from EC Official Journals and CFI and ECJ judgements Included cases under Article 81 (1), re-adoptions, exemptions under 81 (3) and negative clearance, their renewals and cases under ECSC treaty 98 total cases in the database (3 re-adopted cases).
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www.ccp.uea.ac.uk
Quantifying Cartel Duration Using DG Comp Case Reports
(Work in Progress) By
Oindrila DeCentre for Competition Policy
DG Competition Data Workshop, ACLE 2008
Structure of This Presentation
• EC Cartel Database
• Some General Characteristics of EC Prosecuted Cartels
• Some Preliminary Data on Duration of EC Cartels
• Concluding Remarks and Way Forward
EC Cartel Database
• Database contains EC Cartel Cases from 1990-2007
• Data Source: Competition Commission’s decisions from EC Official Journals and CFI and ECJ judgements
• Included cases under Article 81 (1), re-adoptions, exemptions under 81 (3) and negative clearance, their renewals and cases under ECSC treaty
• 98 total cases in the database (3 re-adopted cases).
EC Cartel Database: Types of Decisions
Category Number of CasesExemption Without Conditions/ Obligations 5
Exemption With Conditions/ Obligations 9Infringement Art. 65 ECSC treaty 5
Infringement Art.81 with fine 64
Infringement Art.81 without fine 9
Infringement Art.81 with fine and Infringement Art. 82
6
EC Cartel Database: Reasons to Initiate Proceedings
0
5
10
15
20
25
30
Num
ber o
f Cas
es
Characteristics of EC Cartels: Industry Classification
0
5
10
15
20
25
30
Industry
Num
ber o
f Cas
es
Characteristics of EC Cartels: Category of Undertakings
Category Number of Cases
Undertakings Only 76
Undertakings and Association (s) of Undertakings 7
Association (s) of Undertakings Only 15
Characteristics of EC Cartels: Number of Undertakings
Histogram of Number of Undertakings
0
5
10
15
20
25
30
35
2 firms 3-4 firms 5-10 firms 11-20 firms More than 20firms
Number of Undertakings Groups
Num
ber o
f Car
tel C
ases
Characteristics of EC Cartels: Cartels’ Market Coverage
Histogram of Cartel's Market Coverage
0
5
10
15
20
25
30
0-25 25-50 50-75 75-90 90-100
Market Coverage
Num
ber o
f Car
tel C
ases
Characteristics of EC Cartels: Types of Agreements
Category Number of Cases
Price Fixing Only 28
Market sharing only 17
Price fixing and market sharing only 14
Neither Price fixing nor market sharing 1
Price fixing and other supplementary agreements 10
Market sharing and other supplementary agreements 7
Price fixing, market sharing and other supplementary agreements
21
Characteristics of EC Cartels: Types of Supplementary Agreements
Category Number of Cases
Information Exchange Agreement 28
Horizontal Restrictions 7
Supply Restrictions 5
Capacity Restrictions 4
Collective Exclusive Dealing 2
Characteristics of EC Cartels: Ring leader and Market leader
Ring leader 19
Market leader as Ring leader 13
Ring leader but not Market Leader 1
Market leader but not Ring leader 25
Duration: Proven Duration of EC CartelsHistogram of Proven Duration
0
5
10
15
20
25
30
35
40
<1 1-5 6-10 11-20 >20Range of Years
Duration: Information on Suspected Duration
Category Number of Cases
Suspected Duration date mentioned 21
Suspected Duration date not mentioned 68
Suspected but exact date not mentioned 9
Duration: Proven vis-à-vis Suspected Duration
Proven vis a vis Suspected Duration
0
10
20
30
40
50
60
70
0 10 20 30 40 50 60 70
Proven Duration
Susp
ecte
d D
urat
ion
Duration: Different Dimensions of Duration
Duration Number of Cases
Different members with different duration 36
Different sub-agreements with different duration 6
Different sub-product markets with different duration 3
Different geographic markets with different duration 1
Duration: Entry into and Exit from the Cartel
Entry/ Exit Number of Cases
Entry into Cartels 32
Exit from the Cartel 28
Both Entry and Exit 23
Duration and Number of UndertakingsDuration and Number of Undertakings
0
5
10
15
20
25
30
35
0 10 20 30 40 50 60
Number of Undertakings
Dur
atio
n
Duration and Cartels’ Coverage
0
5
10
15
20
25
30
35
0 20 40 60 80 100 120
Cartel's Coverage
Dur
atio
n
Average Duration and Number of Agreements
Number of Agreements Number of Cases Average Duration
Single 45 7.94
Two 29 8.53
Three 22 10.1
Four 1 11
Five 1 7
Way Forward
• Adding Variables (e.g. demand, merger etc)
• Multivariate analysis of duration
• Survival analysis