Exchanges of information are interactions among competitors that, from a competition law perspective, fall between the universally condemned hard-core “naked” cartels and tacit collusion arising from oligopolistic interdependence, generally considered legal. In the course of doing business, companies can - and often do - exchange various types of information through different channels, which leads to increased transparency in the market which can both bolster allocative and productive efficiencies as well as facilitate collusive outcomes among competitors. Generally, information exchanges among competitors may fall into three different scenarios under competition rules: (i) as a part of a wider price fixing or market sharing agreement whereby the exchange of information functions as a facilitating factor; (ii) in the context of broader efficiency enhancing cooperation agreements such as joint venture, standardization or R&D agreements; or (iii) as a stand-alone practice, whereby the exchange of information is the only cooperation among competitors. © OECD

This Glossary matches the list of keywords used by Concurrences search engine. Each keyword is automatically updated by the most recent EU and national case laws from the e-Competitions Bulletin and Concurrences Review. The definitions are excerpt from DG COMP’s Glossary of terms used in EU competition policy (© European Union, 2002) and the OECD’s Glossary of industrial organisation economics and competition law (© OECD, 1993).
Exchanges of information
Glossary
A
Absolute territorial protection
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Abuse of dominant position
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Abuse of economic dependence
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Access to essential facility
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Access to information
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Access to the file
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Agency agreement
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Agent
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Agreement (notion)
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Amicus curiae
•
Ancillary restraints
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Annulment
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Anticompetitive objet or effect
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Anticompetitive practices
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Applicable law
•
Arbitration
B
C
Cartel
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Clearance phase I (merger)
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Clearance phase II (merger)
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Collecting society
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Collective dominance
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Collective redress (class action)
•
Competence
•
Competition policy
•
Competition policy
•
Complaint
•
Compliance programme
•
Compulsory license
•
Concerted practices
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Concession
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Concurrent jurisdiction
•
Consumers protection
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Consumers’ associations
•
Control (change)
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Control (notion)
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Cooperation Agreement
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Cooperation between competition authorities
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Coordinated effects
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Copyright
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Corporate group
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Corruption
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Cost-based access
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Criminal sanctions
•
Cross subsidisation
D
E
ECHR
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Economic analysis
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Economic efficiency
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Effect on trade between Member States
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Effective judicial protection
•
Environmental protection
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Essential facility
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European Competition Network (ECN)
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Excess prices
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Exchanges of information
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Exclusive distribution
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Exclusive purchasing agreement
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Exclusive right (Art. 106 TFEU)
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Exclusivity clause
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Exhaustion
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Extra-territoriality
F
I
M
P
Parallel imports (parallel trade)
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Passing-on
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Pay-for-delay
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Periodic penalty payment
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Personal data
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Predatory pricing
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Preliminary ruling (Art. 267 TFUE)
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Price discrimination
•
Price-fixing agreement
•
Prices
•
Principle of effectiveness
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Principle of equal treatment
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Principle of equivalence
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Principle of proportionality
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Private enforcement
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Privatization
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Procedural autonomy
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Professional association
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Public procurement
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Public undertaking
R
S
Sector inquiry
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Selective distribution
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Services of general economic interest
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Single branding
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Sole control
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Spill-over effects
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Standard-Essential Patent (SEP)
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State action defense
•
State aid (compatibility)
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State aid (existing aid)
•
State aid (notification)
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State aid (notion)
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State aid (recovery)
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State aid (tax ruling)
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State aid (unlawful aid)
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State measure
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Sudden break of established business relationships