Картельное соглашение и номинальное участие в торгах
Аннотация. This article reviews the current approaches to wide-spread practice of formal participation in tenders. Prevailing view in administrative practice and case law treats this practice as unlawful and prohibited under general provision on cartel agreements. However, this view is unreasonable one especially in cases of so-called “family cartels” because it leads to strange economic effects. The author classifies formal participation in tenders in several types. He argues that formal participation shall be unlawful only in cases of deliberate influence on tender’s result. Cases of “family cartels” and similar to them should be lawful not only because treating them as unlawful has strange economic effects but also and mainly because such cases can not be punished either as administrative offences or crimes for formal reasons. The article concludes with proposed approaches for case law in deciding such cases.