LAW & ECONOMICS : COMMUNICATION OF INFORMATION – COMMUNICATION WHICH IS PRO-COMPETITION – PUBLIC INTEREST

Exchange of information: Can exchange be pro-competitive?

This set of two papers is derived from the training session on the exchange of information organized by the Concurrences Review that has held on April 3, 2013 in Paris. In the first contribution, Sabine Naugès and Severine Rissier, lawyers at Mc Dermott Will & Emery, compare and contrast the position of administrative courts and that of the competition authorities regarding the communication of informationin light of their decisions relating to public procurement. It aims to provide a list of cases where the communication of information between a public body and one or more economic operators has been considered as pro-competition. This study, based on a case-by-case analysis of these decisions, highlights several situations which have not already been ruled upon by the authorities, as well as continued consideration of public interest policy in identifying communication of information which is pro-competition. In the second contribution, David Sevy provide us with the point of view of an economist.

*This article is an automatic translation of the original article in French, provided here for your convenience. Read the original article. Are there pro-competitive exchanges of information?The exchange of pro-competitive information in the context of public procurement: The necessary trade-off between public interest and competition law Sabine NAUGES Lawyer, Partner, McDermott Will & Emery Valérie MEUNIER Lawyer, McDermott Will & Emery 1. The effect of exchanges of information on the free play of competition is not easy to grasp, either in competition law or in public law, and this for several reasons. On the one hand, such exchanges are never directly covered by the texts, either under the terms of Article 101 of the Treaty on the Functioning of the European Union (TFEU)

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Authors

  • Compass Lexecon (Paris)
  • Compass Lexecon (Brussels)
  • McDermott Will & Emery (Paris)
  • Baron, Aidenbaum & Associés

Quotation

David Sevy, Valérie Meunier, Sabine Naugès, Séverine Risser, Exchange of information: Can exchange be pro-competitive?, September 2013, Concurrences N° 3-2013, Art. N° 53053, www.concurrences.com

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