This article only discussed the internal threat of fraud within cartels. Other threats, such as insider overflow (whistleblowers) or the detection of outsiders, were not addressed. The information on discovered cartels does not contain inside information on the considerations of the companies that whistled the cartel in exchange for immunity or waiver of proceedings. Not only does the Competition and Consumer Act prohibit civil cartels, but also make it punishable for companies and individuals to participate in a cartel. Price-fixing cartels usually hold a series of meetings to set minimum prices or increase the prices of a given product or service. Minimum price lists and standard customer letters are used. In one example, producers meet twice a year to discuss and set prices. In addition to ways to increase prices, cartel members are also discussing when the market will be announced. (19) One of the fundamental problems facing a cartel is that there are also cases of hedging prices; deliberately submit a higher price than other companies. This is also called “credit price” or “courtesy”, which is used to stay informed and remain visible to potential customers, while the ability to actually perform the work is lacking. Cover Pricing is a form of supply suppression that takes place in a decentralized and ad hoc manner. Empirical antitrust studies using a social approach criticize assumptions of economic behavior as too simple (Parker 2012). Three main categories are distinguished: the tender agreement, the price agreement and the allocation or award of the contract.
On the basis of legal definitions, these serve as a descriptive label that indicates the main category of the offence, although these categories are not mutually exclusive in themselves. . . .