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Keywords

unilateral trade information disclosure, nformation exchange, anti-competitive agreements, European Commission’s guidelines

Abstract

Information exchange between competitors has been the focus of antitrust authorities for a long time. Information disclosure may be anti-competitive in nature at least in two different ways. On the one hand, information exchange may constitute an autonomous competition restricting practice. Most of the cases, however, it is only a part of a broader anti-competitive agreement. It is noticeable that recently antitrust authorities not only analyze the phenomenon of multilateral information exchange, but also increasingly tackle the issue of unilateral information disclosure with anti-competitive effects. The purpose of this article is to discuss unilateral information disclosure by competitors and attempt to answer the question under what conditions may such behavior be considered an anti-competitive practice.

First Page

21

Last Page

33

Page Count

12

Publisher

University of Warsaw

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