*This article is an automatic translation of the original article, provided here for your convenience. Read the original article. I. Introduction 1. This article intends to analyse the assessment of information exchange under Community competition law in general and not only when it constitutes one of the most serious anti-competitive violations, i.e. when it is ancillary to cartels or carried out with a (proven) anti-competitive spirit or objective, which in this case is the very substance of a cartel. On the contrary, it also deals with exchanges of information that are likely to benefit consumers through positive externalities (at the producer level) or even to be conducive to increased competition by bringing more transparency to the market at the consumer level. 2. It is also
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ARTICLES: - EXCHANGE OF INFORMATION - EUROPEAN CASE LAW - FAULTY PRACTICES - BENEFIT TO CONSUMERS - MARKET TRANSPARENCY - TYPES OF EXCHANGES OF INFORMATION - ASSESMENT OF PRACTICES - CRITERIA OF LAWFULNESS - ECJ CASE T-MOBILE, C 8/08
Exchange of information in EU competition law: Incertainty and transparency
This article is a detailed analysis of European case law on exchange of information not limited to faulty practices but also taking into account exchanges likely to benefit to the consumers or to the market thanks to greater market transparency. The author provided a detail overview of various types of exchanges of information underlining the complexity of the assesment of such practices. The article suggests criteria aimed at assessing the lawfulness of such exchanges in view of the most recent ECJ case law (T-Mobile, C 8/08).
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