Cartel Case Initiation

Competition agencies worldwide are in agreement that cartel conduct is the most egregious of competition law offences and the detection, investigation and prosecution of cartel behaviour is a priority in every such agency. Since cartels are typically shrouded in secrecy, their detection and the strategies used by a competition agency within the initial investigatory period are of the utmost importance to effective enforcement. This chapter draws together selected key practices used in the initiation of a cartel investigation, and identifi es some strategies that may be applied in the detection stage and throughout the early development of a case. It will also highlight some of the more established practices useful to cartel case initiation. The chapter is divided into three sections being: Methods of detecting cartels, Pre-investigatory phase of cartel allegations and Decision to initiate a full scale investigation.