Ο καθορισμός των τιμών και η κατανομή των αγορών ως ειδικές μορφές απαγορευμένων συμπράξεων των επιχειρήσεων κατά το άρθρο 1 Ν.3959/2011 ΚΑΙ 101 ΣΛΕΕ.

Abstract

The aim of this paper is to approach the issue of cartels between companies, prohibited by the law of free competition, in particular the usual price-fixing and market-sharing cartels. In particular, this paper will address the various legal issues arising from free competition law, relating to per se cartels, as regulated at European level by Article 101 of the Treaty on the Functioning of the European Union and at national level by the Law 3959/2011. Resolving such an important and at the same time difficult issue for the establishment of a healthy competition, in the context of the enlarged and globalized economic market, has always been and still is a request of the whole Community, which is legally secured by the above articles, however, encounters some difficulties in its application, as each case must be judged in concreto, to distinguish a anti-competitive or non-competitive partnership. The steps are made and the legal loopholes appear, while the competent Committees fill the gaps, in order to solve the various problems, which are created for the internal market of each State, which in any case have a special impact on the European or the International creating monopoly situations, launching the open economy of a competitive market with competitive incentives. To conclude, as will be examined in the present, in addition to the legal issues, the financial data of each market under consideration also play a key role, which in turn affect the functioning or not of the competition.