The Regulations prohibits, as incompatible with the Common Market, all agreements between undertakings, decisions by associations of undertakings and concerted practices which may affect trade between Member States and have their object or effect the prevention, restriction and distortion of competition within the Common Market. More specifically, Article 19 (3) of the Regulations prohibits the following cartel conducts:

1. agreements fixing prices, which agreements hinder or prevent the sale or supply or purchase of goods or services between persons, or restrict the terms and conditions of sale or supply or purchase between persons, or restrict the terms and conditions of sale or supply or purchase between persons engaged in the sale of purchased goods or services;
2. collusive tendering and bid-rigging;
3. market or customer allocation agreements;
4. Allocation by quota as to sales and production;
5. Collective action to enforce arrangements;
6. Concerted refusal to supply goods or services to a potential purchaser, to purchase goods or services from a potential supplier; or
7. Collective denials of access to an arrangement or association which is crucial to competition

The Regulations under Article 8(5) provides that any person who contravenes or fails to comply with any provision of the Regulations or any Rules made under the Regulations, or any directive or order lawfully given, or any requirement lawfully imposed, for which no penalty is provided, shall be determined to have breached the Regulations and shall be liable pursuant to that determination for a fine (in an amount to be determined by Rules) and/or such other penalty as may be assessed.

Rule 45(2) provides that the Commission may by decision impose on undertakings or associations of undertakings fines up to 10% of annual turnover units of account, in the Common Market in the preceding business year of each of the undertakings participating in the infringement where, either intentionally or negligently they infringe parts 3 and 5 of the Regulations……”. This provision, therefore, applies to cartel and abuse of dominance conduct which falls under part 3 of the Regulations.

The Regulations, however, do not provide for criminal sanctions for cartels or abuse of dominance conduct.