Cartel theory is usually understood as the doctrine of economic cartels. However, since the concept of 'cartel' does not have to be limited to the field of the economy, doctrines on non-economic cartels are conceivable in principle. Such exist already in the form of the state cartel theory and the cartel party theory. For the pre-modern cartels, which existed as rules for tournaments, duels and court games or in the form of inter-state fairness agreements, [1] there was no scientific theory. Such has developed since the 1880s for the scope of the economy, driven by the need to understand and classify the mass emergence of entrepreneurial cartels. Within the economic cartel theory, one can distinguish a classical and a modern phase. The break between the two was set through the enforcement of a general cartel ban after Second World War by the US government. [2]
Cartel is an ambiguous concept, which usually refers to a combination or agreement between rivals, but – derived from this – also designates organized crime. The main use of ‘cartel’ is that of an anticompetitive association in the economy. In politics, it refers to a temporary alliance of several parties in election campaigns, for example. The scientific analysis of cartels is done by cartel theory.
In other languages, "cartel" might have different spellings. It is called cartello in Italian, kartell in German, Hungarian and Estonian, kartel in Dutch, Turkish and Slavic languages, kartelli in Finnish, and kartelis in Lithuanian. Even in the same languages, the spelling has varied over time. In German, for example, the spelling has gone back and forth between the c-initial form and the k-initial form. Nevertheless, "cartel" is the most widespread worldwide because of its use in English, Spanish, French and Portuguese. Though there is no difference in meaning between "cartel" with a "c" and "kartel" with a "k", they are not always interchangeable. Some institutions and organizations differ in name mainly in this letter, like the Kartellverband katholischer deutscher Studentenvereine and the Cartellverband der katholischen deutschen Studentenverbindungen, which are both umbrella organizations of Catholic student associations in Germany.
The word "cartel" has its root in the Greek χάρτης (= papyrus scroll, paper, map) and came about the Latin "charta" (see Magna Carta, the English medieval law), the Italian "cartello" (diminutive of carta = paper, map) and the French "cartel" into the English and German language. [3] : 51 In the Middle Ages, it designated an agreement on the fighting rules in the knightly tournament, then for duels. Until the 18th century, also the rules for noble games and courtly contests were named so. In modern times, especially in the 18th and 19th centuries, the term "cartel" was also used for intergovernmental agreements of technical kind: The guiding idea of a conflict confining clause came to light in various treaties between belligerent states, such as "cartels" on the postal and Trade or the treatment of couriers, prisoners of war and deserters. It is not until about 1880 that the term "cartel" also means the restriction of competition between entrepreneurs. Initially, this usage was only spread in the German speaking countries in Europe. Only by and by, this novel word meaning was imported into neighboring languages (either as "Kartell" or "cartel") and by this the economic aspect became the predominant meaning of "cartel". In the 19th and 20th century, also social associations or political alliances were referred to as cartels, so the union of German student fraternities or the cartel parties or in the German Empire. In Belgium of the 20th and 21st century, there was the same naming for party alliances, e.g. "Vlaams Kartel". At the beginning of the 20th century, the socialist thinker Karl Kautsky saw the possibility of even a cartel between states that would replace the imperialist competition of the great powers and establish a peaceful ultra-imperialism. [3] : 56
The term ‘’cartel’’ is normally used in a specific context, resulting in a number of content variations. So there is: [3] : 51–65
In addition, "cartel" or "Kartel" are used as names for distinct brands, business companies, music bands or works of art.
Cartels are not always easy to spot. To be able to reliably distinguish them as alliances between rivals from other forms of organization, the consideration of positive and negative indicators can be helpful.
Constituent criteria for cartels would be the following:
Exclusion criteria for cartels would be the following:
The origin of the usage of 'cartel' for entrepreneurial co-operations was the German speaking region of Central Europe. Already in the 1870, 'Cartell' came up for railway companies who unified their technical standards, pooled their stocks of railroad cars and coordinated their time schedules. [4]
In 1883, an explanatory framework was based upon this novel understanding of "cartel": the classic cartel theory, which was in the same way of German origin: The Austro-Hungarian professor of economics Friedrich Kleinwächter had condensed a number of case studies to the draft of an empirical theory. [5] Cartel theory remained for decades the product, above all, of Central European economists of German tongue. That approach was well-intentioned to the entrepreneurial cartels and in this respect was functionalist and institutionalist. [6] It had its origin in the historical school of economics. The classic cartel theory itself went through three stages of development:
Outside of the German speaking countries, there were more or less similar theories of economic organization. These variants existed until the 1920s (in Italy until after 1945). However, they operated with different basic terms such as (in French) "syndicat", "accaparement", (in Italian) "sindacati", (in English) "combination" or "trust". In France Francis Laur and Paul de Rousiers, in Italy Francesco Vito, in the USA Jeremiah Jenks and in the United Kingdom Henry W. Macrosty as well as David H. MacGregor were authoritative writers on economic combinations.
The modern cartel theory, which followed the classical cartel doctrine is essentially of American origin (George J. Stigler and George W. Stocking in the 1940s) It was based on the liberal view upon economy, which already had coined the traditional antitrust concept of the 1890s. The modern doctrine rejects cartels more or less fundamentally and is therefore not much interested in the internal organization of existing cartels, which are combated (and therefore only loosely institutionalized). Subsequently, modern cartel theory is quite oriented to pure economic theory and to economic policy. [7] The organizational-science aspects of the classical cartel theory did not find a continuation in modern cartel theory.
Modern cartel theory points out - much more committed than the classical one - to the detrimental consequences of a lack of competition that leads to overpricing, misallocation of capital and slowing down of technical progress in the economy. In this context, this doctrine has helped to develop the paradigm of market failure, which must be avoided by means of an appropriate competition policy. On the other hand, the disadvantages of unrestrained competition - such as unnecessary bulk goods transport, unnecessary advertising for mature goods, brand sales strategies - are highlighted in the classic cartel theory. Thus, these two directions of cartel studies feature conflicting, mutually exclusive economic concepts and neither of them can ideally solve the fundamental problem of entrepreneurial competition.
Terminologically, classical cartel theory has yielded sophisticated definitions and classifications of cartel types that were based on material institutional criteria. By contrast, modern cartel theory is essentially normative. Its specific terminology depends on the respective competition law, its national version of the cartel ban and exemptions for useful cartels. [8]
According to an analysis by Holm Arno Leonhardt, classical cartel theory can be understood (after a deconstructive adjustment) as an interdisciplinary systems theory in the field of the social sciences. [9] Abstracted from the concrete circumstances of the individual types of competition, an overarching theory of the social system 'cartel' emerges. Leonhardt defines this through nine basic statements on the factors arena, actors, interactions, structures, functions, equilibrium condition, driving forces, development path and system environment: Groups of independent, homogeneous actors are on certain arenas (action fields) on the way. Their egoism leads to competition and conflict. These are perceived as disturbing or threatening and lead to collusion on fairness rules and reconciliation of interests, e.g. by joint ventures. The adopted standards, agreements and projects need to be enforced and monitored, creating multi-stakeholder organizations – cartels. The equilibrium condition of the system is the win-win constellation: all members of a group want to benefit from it as well. The driving force that leads to cartel formation and successively condenses the associations on a development path to higher organizational forms is rationalization. The latter is only exhausted when an arena-wide organization has emerged and is fully developed, such as a trust corporation or a world state. In the economy this tendency is permanently suppressed by the competition policy of the state. There is no such instance in international relations, so that the world state perspective remains in force.
A treaty is a formal, legally binding written agreement concluded by sovereign states in international law. International organizations can also be party to an international treaty. A treaty is binding under international law.
A cartel is a group of independent market participants who collude with each other as well as agreeing not to compete with each other in order to improve their profits and dominate the market. A cartel is an organization formed by producers to limit competition and increase prices by creating artificial shortages through low production quotas, stockpiling, and marketing quotas. Cartels can be vertical or horizontal but are inherently unstable due to the temptation to defect and falling prices for all members. Additionally, advancements in technology or the emergence of substitutes may undermine cartel pricing power, leading to the breakdown of the cooperation needed to sustain the cartel. Cartels are usually associations in the same sphere of business, and thus an alliance of rivals. Most jurisdictions consider it anti-competitive behavior and have outlawed such practices. Cartel behavior includes price fixing, bid rigging, and reductions in output. The doctrine in economics that analyzes cartels is cartel theory. Cartels are distinguished from other forms of collusion or anti-competitive organization such as corporate mergers.
Collusion is a deceitful agreement or secret cooperation between two or more parties to limit open competition by deceiving, misleading or defrauding others of their legal right. Collusion is not always considered illegal. It can be used to attain objectives forbidden by law; for example, by defrauding or gaining an unfair market advantage. It is an agreement among firms or individuals to divide a market, set prices, limit production or limit opportunities. It can involve "unions, wage fixing, kickbacks, or misrepresenting the independence of the relationship between the colluding parties". In legal terms, all acts effected by collusion are considered void.
The social market economy, also called Rhine capitalism, Rhine-Alpine capitalism, the Rhenish model, and social capitalism, is a socioeconomic model combining a free-market capitalist economic system alongside social policies and enough regulation to establish both fair competition within the market and generally a welfare state. It is sometimes classified as a regulated market economy. The social market economy was originally promoted and implemented in West Germany by the Christian Democratic Union under Chancellor Konrad Adenauer in 1949 and today it is used by ordoliberals, social liberals and modern (non-Marxist) social democrats alike. Its origins can be traced to the interwar Freiburg school of economic thought.
Competition law is the field of law that promotes or seeks to maintain market competition by regulating anti-competitive conduct by companies. Competition law is implemented through public and private enforcement. It is also known as antitrust law, anti-monopoly law, and trade practices law; the act of pushing for antitrust measures or attacking monopolistic companies is commonly known as trust busting.
Decartelization is the transition of a national economy from monopoly control by groups of large businesses, known as cartels, to a free market economy. This change rarely arises naturally, and is generally the result of regulation by a governing body with the authority to decide what structures are permissible.
Ultra-imperialism is a potential, comparatively peaceful phase of capitalism, meaning after or beyond imperialism. It was described mainly by Karl Kautsky. Post-imperialism is sometimes used as a synonym of ultra-imperialism, although it can have distinct meanings.
The history of competition law refers to attempts by governments to regulate competitive markets for goods and services, leading up to the modern competition or antitrust laws around the world today. The earliest records traces back to the efforts of Roman legislators to control price fluctuations and unfair trade practices. Throughout the Middle Ages in Europe, kings and queens repeatedly cracked down on monopolies, including those created through state legislation. The English common law doctrine of restraint of trade became the precursor to modern competition law. This grew out of the codifications of United States antitrust statutes, which in turn had considerable influence on the development of European Community competition laws after the Second World War. Increasingly, the focus has moved to international competition enforcement in a globalised economy.
Competition law theory covers the strands of thought relating to competition law or antitrust policy.
A cartel is a tight organization based on a formal agreement among commercial enterprises with conflicting interests.
United Kingdom competition law is affected by both British and European elements. The Competition Act 1998 and the Enterprise Act 2002 are the most important statutes for cases with a purely national dimension. However, prior to Brexit, if the effect of a business' conduct would reach across borders, the European Commission has competence to deal with the problems, and exclusively EU law would apply. Even so, the pre-Brexit section 60 of the Competition Act 1998 provides that UK rules are to be applied in line with European jurisprudence. Like all competition law, that in the UK has three main tasks.
State cartel theory is a new concept in the field of international relations theory (IR) and belongs to the group of institutionalist approaches. Up to now the theory has mainly been specified with regard to the European Union (EU), but could be made much more general. Hence state cartel theory should consider all international governmental organizations (IGOs) as cartels made up by states.
Super-imperialism is a Marxist term with two possible meanings. It can refer:
The Rhenish-Westphalian Coal Syndicate was a cartel established in 1893 in Essen bringing together the major coal producers in the Ruhr.
The Comptoir Métallurgique de Longwy was a cartel of iron smelters seated in Longwy, a town in Lorraine, department Meurthe-et-Moselle, France. In a narrower sense of the term, the ‘Comptoir de Longwy’ was only the ‘’sales agency’’ of the respectively underlying cartel, which also enclosed its member firms and possible other cartel organs. As a legal entity, the Comptoir Métallurgique de Longwy existed from December 10, 1876, to February 1, 1921. It should not be mixed up with the Aciéries de Longwy, which was temporarily a member firm of the cartel not earlier than 1880 and survived the cartel up to 1978.
Holm Arno Leonhardt is a German scientist in the fields of International Relations and economic history, especially in the realm of cartel history and theory. He was born in Manila (Philippines) the son of Brigitte and Arno Leonhardt. Arno became a German expatriate since 1930, moving up the career ladder from accountant to vice director in the branch office of an American paper machine company in Manila. Brigitte came from a liberal merchant family in Saxony (Germany) holding critical distance to the Nazi regime.
Friedrich (von) Kleinwächter was an Austrian economist.
A compulsory cartel or forced cartel is a cartel that is established or maintained by an administrative order or by a legal directive. The interference of policies on these associations of entrepreneurs of the same trade varied. It ranged from a mere decision to establish a cartel or to maintain an existing one, to a strict state control.
Cartel seats as monuments were the headquarters or other premises of historical, no longer existing cartels in the sense of a group of cooperating, but potentially also rival enterprises. Often, these associations had been syndicate cartels, being an advanced form of entrepreneurial combination because of their tight organization with a common sales agency. The cartel buildings had been used for secretariats, meeting rooms, sales offices, advertising agencies, research departments and further more. Many such historical buildings can still be found in Europe and the United States.
Germany–Niger relations focus primarily on cooperation in development, security, and migration policy. Since 2016, bilateral relations have been significantly intensified, with several state visits at the highest level.