Information exchange has always been a sensitive area in EU and international competition law, with a chapter on the subject always featuring in the EU's horizontal cooperation guidelines. However, the newest version of the EU horizontal guidelines, published in 2023, discuss information exchange in much greater detail, and include new content on indirect information exchanges, passive receipt of information, information exchange through public announcements, dual distribution agreements, and information exchange in the context of M&A due diligence.
Members of our Brussels office have recently published their article "Information exchange – Pitfalls from Recent Case Law and Enforcement Practice, and How to Avoid Them" in the August 2024 edition of the CPI Antitrust Chronicle, which explores the specific types of information exchange identified in the EU guidelines with reference to recent EU and international case law, and highlights the risk of competition law infringement which companies may inadvertently run and practical tips on how they might mitigate it.
Download a copy of our article here
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Kyriakos Fountoukakos
Managing Partner, Competition Regulation and Trade, Brussels
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