Information exchange

Cartels, Damages, Economics, Estimation, Germany, Information exchange

(Oxera Consulting LLP)/ /1 Comment

Introduction Cartel damages proceedings are a highly interdisciplinary endeavour between lawyers and economists in many jurisdictions, including Germany. Lawyers and courts in such proceedings must, among other things, answer a fundamentally economic question—namely, what would have been the price in a market absent the infringement? In addition, the European Damages Directive of 2014 has set…

European Court of Justice, Information exchange

(Baker McKenzie)/ /1 Comment

At a glance… Despite fielding a referral question on information exchange and ‘by object’ violations which could easily have been met with a ‘slam dunk’ but anodyne judgment, the top EU Court’s analysis turns out to be a useful lesson on the anatomy of a ‘by object’ violation in relation to standalone information exchanges. It…

Automotive, Cartels, Information exchange, Türkiye

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Introduction There has always been a thin line between legitimate market research and potentially anticompetitive information exchanges. Caselaw on such matters is of a particular importance. On 01 January 2023, a preliminary inquiry into several undertakings active in the light and medium class and heavy commercial vehicles market[1] was initiated to determine whether these undertakings…

Advocate General, Anticompetitive agreements, Information exchange, Restriction by object

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In October 2023, Advocate General Rantos delivered his opinion in the context of a preliminary ruling request from Portuguese courts on whether an exchange of information between competitors can constitute a restriction of competition by “object” in breach of Article 101(1) of the TFEU. In practice, such classification relieves a competition authority from the obligation…

Anticompetitive agreements, European Commission, European Court of Justice, European Union, Information exchange, Judicial review, Restriction by object, Rule of Law

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On January 12th 2023, the European Court of Justice (ECJ) issued its long-awaited judgment in C‑883/19 P HSBC v Commission setting aside the judgment of the General Court (GC) but confirming the European Commission’s finding that HSBC had participated in a cartel in the market for Euro Interest Rate Derivatives (EIRD). The judgment clarifies the procedural safeguards that…

Abuse of dominance, Digital markets, Digital Markets Act, European Court of Justice, European Union, Ex ante regulation, Hungary, Information exchange, Netherlands

(University Villanueva, Spain)/ /Leave a comment

On 13 March 2023, the Ministry of Economic Affairs and Climate of The Netherlands published the first draft of its implementing regulation (the ‘Draft Bill’) subject to public consultation until the 10th of April, to attribute its national competition authority (ACM) with the power to monitor compliance with the DMA in its national territory. The…

Anticompetitive agreements, Information exchange, Türkiye, United Kingdom

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Introduction The Competition and Markets Authority (“CMA”) of the UK has fined Germany-based Bayerische Motoren Werke Aktiengesellschaft (“BMW AG”), the ultimate parent company of the BMW Group, for failure to comply fully with a written information request without reasonable excuse through its decision of 6 December 2022 (“CMA Decision”). The fine includes a fixed amount…

Anticompetitive agreements, Information exchange, National competition authorities (NCAs), Norway

, , (Advokatfirmaet Haavind AS)/ /Leave a comment

Exchanging information with competitors can be a minefield. On 29 November 2022, the Norwegian Competition Authority (NCA) fined Norway’s four largest book publishers and a database provider a total of NOK 545 million (approximately EUR 52 million) in a unique hub-and-spoke information exchange case. This is only one of several information exchange cases being pursued…

Anticompetitive agreements, Information exchange, Trade associations, Türkiye

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Introduction The Turkish Competition Authority (“TCA”) has rendered several decisions in recent years concerning the exchange of competitively sensitive information. A significant number of these decisions have involved negative clearance/exemption applications made to the TCA by undertakings seeking to lawfully exchange information among themselves. In this regard, the Turkish Construction Equipment Distributors and Manufacturers Association[1]…

Enforcement, Germany, Information exchange, Investigations, Switzerland

, (Lenz & Staehelin)/ /Leave a comment

New Cooperation Agreement On November 1, 2022, Switzerland and Germany signed an administrative agreement on cooperation between their competition authorities (“Agreement”). The Agreement is expected to enter into force in September 2023 at the earliest because the Swiss Federal Assembly still has to approve the Agreement. The ratifying German Federal Ministry of Economics and Climate…