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一般来说,垄断协议往往是因第三方举报、起诉而被揭发,协议当事人对此秘而不宣,即便有一方不予遵守,也不会公之于众,更不会诉之法院,唯恐招致管理部门的处罚。但是本案中,当事人起诉请求法院判令支持其存在核心卡特尔条款的垄断协议时,法院无须再考虑相关市场的界定,也无须再对相关市场的竞争状况进行经济分析,可径行认定为不得豁免的垄断协议。
In general, monopoly agreements are often exposed by third parties for reporting and prosecution. The parties to the agreement have kept their secrets. Even if one party fails to comply, it will not make it public and will not sue the court for fear of incurring penalties from the management. However, in the present case, when the parties sued for a court order to support their monopoly agreement containing the core cartel clause, the court no longer needs to consider the definition of the relevant market nor need to conduct an economic analysis on the competition status of the relevant market and can not be exempted Monopoly agreement.