Specialization cartel

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The specialization cartel is a cartel whose members are each based on a particular part of their initial or potential benefits specialize . No other cartel company is allowed to operate in this area. The aim is to achieve advantages through rationalization by dividing the services .

Specialization cartels are particularly important for small and medium-sized companies, which can keep themselves competitive with large companies by coordinating their business activities. As a result, there is a restriction in the variety of offers. In addition, a monopoly can arise for each of the services concerned . The members benefit from rationalization through the improvement of economic, technical and organizational processes such as B. an increase in the production volume or a decrease in administrative costs.

Specialization cartels can according to § 2 Abs. 2 GWB and Art. 101 Abs. 3 TFEU i. V. m. the block exemption be free (EU) no. 1218/2010, provided that the sum of the shares of the parties does not exceed 20% of the relevant market. Agreements that do not fall under the block exemption regulation are only permitted if the companies involved can demonstrate that the cartel leads to improvements in production or other performance gains and that the performance gains do not only benefit the participants in the cartel. Cost savings resulting from the reduction of production or the division of the market cannot be cited for an exemption.

example

Two screw manufacturers, A and B, agree that A will only produce screws up to 4 centimeters in length and B only screws 4 centimeters in length; it is further agreed to supply each other with part of the production. As a result of this specialization in production, both manufacturers generate savings in production and also have competitive advantages over other manufacturers.

Individual evidence

  1. ↑ Hans Jung : General Business Administration . 13th edition 2016, ISBN 978-3-486-76376-8 , p. 143
  2. ^ Mattfeld , in: Munich Handbook of Company Law Vol. 1, 4th Edition 2014, § 33 Rn. 42
  3. ^ Mattfeld , in: Munich Handbook of Company Law Vol. 1, 4th Edition 2014, § 33 Rn. 43
  4. ^ Mattfeld , in: Munich Handbook of Company Law Vol. 1, 4th Edition 2014, § 33 Rn. 43