A cartel is illegal yes, but proving a cartel is dam hard. And depending on jurisdiction requires proving that the companies actually had some "agreement"/"communication" wrt. their non-competing (as far as I remember).
But if you look at markets all around the world having situations with the same harmful dynamics as cartels but for legalities not counting as cartels is not uncommon.
But if you look at markets all around the world having situations with the same harmful dynamics as cartels but for legalities not counting as cartels is not uncommon.