This article examines the incentives motivating
whistleblowers when tipping off the competition authorities about
cartel conduct. It suggests that, following the guidance of the
European Courts, the statements that whistleblowers provide should
be assessed cautiously and supported by corroborative
evidence.
Cartels are by their nature secretive. Cartel members are
unlikely to keep any documentary proof of their participation, and
will usually take measures to destroy any such evidence. Sometimes
firms cover their tracks by creative means, such as assigning each
other 'code names' to throw suspecting competition
authorities off the scent. Individual participants may use
dedicated mobile phones or email addresses for cartel
communications. The result is that cartels are difficult to detect
and even more difficult to prove.
