Kartellrisk

Kartellrisk is a term used in economics, compliance, and risk management to describe the risk to an organization arising from cartel activity in its market. It encompasses both the risk of involvement in a cartel and the exposure to anti-competitive conduct by others that could affect the company's operations, prices, supply, or market access.

Cartel risks can arise from explicit agreements between competitors, such as price fixing, market allocation, or bid rigging, as well as tacit collusion where competitors coordinate behavior without formal agreements. The risk applies across industries and borders, where multinational supply chains can complicate monitoring and enforcement.

Internal Kartellrisk comes from employees, agents, or business partners who may engage in collusive conduct, while external Kartellrisk arises from external cartel activities that can alter market prices, terms of sale, or access to raw materials.

Consequences include legal penalties and fines, potential imprisonment for individuals, civil damages, disqualification from contracts, and reputational harm. Compliance failures can raise operating costs, disrupt supply, and lead to loss of customers or licenses.

Mitigation involves establishing a robust antitrust compliance program: risk assessment, clear policies, training, third-party due-diligence, monitoring of pricing and bidding processes, separation of functions, audit trails, and whistleblower channels. Regular risk reviews and board oversight help adapt controls to new market conditions.

Legal context: In many jurisdictions cartel activities are illegal. In the European Union, antitrust rules prohibit agreements and practices that restrict competition (often under Article 101 TFEU), with penalties and possible leniency for whistleblowers. In the United States, antitrust laws such as the Sherman Act prohibit similar conduct. National regimes provide further guidance on enforcement and penalties.