Collusion in business refers to a secret or illegal cooperation or conspiracy between two or more parties, typically firms, to limit competition and gain unfair market advantages. This practice can take various forms, including price fixing, market division, bid rigging, and the sharing of confidential information. Collusion often leads to higher prices, reduced innovation, and less choice for consumers, which is why it is generally considered illegal under antitrust laws in many countries.
Types of Collusion
- Price Fixing: Competitors agree to set prices at a certain level, rather than allowing them to be determined by market forces.
- Market Division: Competing businesses divide markets among themselves, agreeing not to enter or compete in each other’s territories or specific market segments.
- Bid Rigging: Competitors conspire to determine the outcome of a bidding process, often rotating who will win a contract or artificially inflating bid prices.
- Output Restriction: Companies agree to limit the production of goods or services to maintain higher prices and reduce competition.
Legal Implications
Collusion is illegal in many jurisdictions because it undermines free competition, which is essential for a healthy economy. Laws like the Sherman Antitrust Act in the United States and the Competition Act in the European Union are designed to prevent and penalize collusion. Companies caught colluding can face heavy fines, legal sanctions, and damage to their reputation.
Examples of Collusion
- The Lysine Cartel: In the 1990s, major companies in the lysine industry, including ADM (Archer Daniels Midland), were found guilty of price fixing, resulting in significant fines and prison sentences for executives involved.
- The European Truck Cartel: Between 1997 and 2011, several major truck manufacturers were found to have colluded on truck prices and the timing of new emission technologies, leading to massive fines from the European Commission.
Detection and Prevention
Regulators use various tools to detect collusion, including monitoring pricing patterns, analyzing bidding data, and encouraging whistleblowers. Businesses can avoid unintentional collusion by establishing clear antitrust compliance programs, training employees on legal standards, and consulting legal experts when forming partnerships or collaborations.
Collusion not only harms consumers but also undermines the integrity of the market, making it a significant focus for regulatory authorities worldwide.
