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11 Information Exchanges among Competitors

Vincent Verouden, Aleksandra Boutin

From: Horizontal Agreements and Cartels in EU Competition Law

Edited By: Frank Wijckmans, Filip Tuytschaever

From: Oxford Competition Law (http://oxcat.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 04 December 2022

Cartels — Joint marketing — Joint ventures — Article 101 TFEU, application of — European Union

The competition law analysis of information exchanges among competitors, a new section in the Horizontal Guidelines of the European Commission, is one of the most complex subjects in modern competition law. Vincent Verouden (E.CA Economics, Brussels/Berlin, former deputy chief economist, Directorate-General for Competition, European Commission) and Alexandra Boutin (European Commission, currently FNRS research scholar at the European Centre for Advanced Studies in Economics and Statistics) approach the topic from an economic angle. The chapter first identifies the key competition concerns (theories of harm) underlying the European Commission’s policy on information exchange. It continues with a discussion on the information exchanges that almost always harm competition. It then turns to information exchanges that make markets more efficient and to a structured discussion on the possible restrictive effects of information exchanges. The chapter concludes with a discussion on the scope of Article 101 TFEU as applied to information exchanges.

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