卡特尔的概念从其构成要素的分析来看①前提是存在两个以上的生产、销售某产品的经营者,②是两个以上的经营者的共同行为,③参加卡特尔的经营者之间对经营活动互相加以限制为内容,④从结果上来看对该产品或服务市场起到了限制竞争的作用,一般是给参加卡特尔的经营者确保超额利润的行为。于是关于卡特尔的判断应该先对经营者的一些行为与反垄断法上规制的行为是否有关系而加以判断。 The concept of cartel is based on the analysis of its constituent elements. ① The premise is that there are two or more operators who produce or sell a certain product. ② The common behavior of two or more operators. ③ The difference between the operators who participate in the cartel. Limiting business activities to each other as the content, ④ From the results point of view of the product or service market has played a role in limiting competition, is generally to participate in cartel operators to ensure excess profits behavior. Therefore, the decision on cartels should first be judged on whether there is any relationship between some of the operators’ behaviors and those regulated by the antitrust laws.