Information Exchange – Pitfalls from Recent Case Law and Enforcement Practice, and How to Avoid Them

Information exchange has always been a sensitive area in EU and international competition law, with a chapter on the subject always featuring in the EU’s horizontal cooperation guidelines. However, the newest version of the EU horizontal guidelines, published in 2023, discuss information exchange in much greater detail, and include new content on indirect information exchanges, passive receipt of information, information exchange through public announcements, dual distribution agreements,