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Concerted practices and Exchange of information: An overview of EU and national case law

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It could be said that exchange of information is one of the few areas in which the decisional practice of certain National Competition Authorities ("NCAs") is more developed than that of the European Commission (the "Commission"). Partly to fill that void and to ensure that the decisional practice of the NCAs remains consistent from one Member State to another, the Commission included a chapter on exchange of information in its horizontal cooperation guidelines [1] (the “Horizontal Guidelines”). This phenomenon could be seen as an early manifestation of an ongoing "Copernican revolution" in which antitrust enforcement will gradually be led by NCAs rather than the Commission and in which the latter will take on a role as a coordinator rather than as a pioneer. However, just how

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Geoffroy Van De Walle De Ghelcke, José Rivas, Concerted practices and Exchange of information: An overview of EU and national case law, 26 February 2014, e-Competitions Exchange of information, Art. N° 43913

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