The US Court of Southern District of New York clarifies what determines liability of the vertical participant B in an A-B-C information exchange (Apple)

e-books: Vertical participation in hub and spoke agreements* The 10 July judgment in the American e-books case (US v Apple) addresses an important question not yet examined under European competition law: what determines the liability of the vertical participant (“B”) in an A-B-C information exchange [1]? A-B-C information exchange, or hub-and-spoke collusion, involves strategic information such as information about future prices being passed between two or more undertakings operating at the same level of the production/distribution chain (A and C) via a common contractual partner operating at a different level of the production/distribution chain (B). As the European Commission’s Guidelines on Horizontal Cooperation Agreements warn, competition law may be infringed by a disclosure of

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Okeoghene Odudu, The US Court of Southern District of New York clarifies what determines liability of the vertical participant B in an A-B-C information exchange (Apple), 10 July 2013, e-Competitions Bulletin July 2013, Art. N° 57632

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