Skip survey header
Practical Law - A Thomson Reuters Legal Solution

PLC Competition – Anti-competitive information exchange

1. You cannot breach competition law by having an informal conversation in a bar with a friend who works at a competitor. True or False? *This question is required.
2. You can discuss pricing margins at trade association meetings provided nothing is formally agreed. True or False? *This question is required.
3. The European Commission's revised Guidelines on horizontal co-operation agreements include a section on information exchange. The Guidelines also recognise that some information exchanges can be pro-competitive. Do the guidelines provide a 'safe harbour' for information that is publicly available? *This question is required.
4. The Guidelines state that the Commission takes into account market structure and the characteristics of the information exchanged when assessing whether an exchange is anti-competitive. As regards market structure, the more concentrated a market, the more likely it is that competition will be found to be restricted by an information exchange. True or False? *This question is required.
5. regards the characteristics of the information exchanged, there should be a lower risk of breaching competition law where the information is (tick all that apply): *This question is required.
6. Information exchange can facilitate a collusive outcome on a market by (tick all that apply): *This question is required.
7. There is no need for a competition authority (or court) to consider the effects of a concerted practice where it is found to have an anti-competitive object. True or false? *This question is required.
8. Which ECJ case confirmed the criteria for determining whether a concerted practice has an anti-competitive object and also the presumption of a causal link between a concerted practice and market conduct, even if the concerted practice concerned was a one-off event? *This question is required.
9. The Guidelines recognise that the exchange of companies' individualised intentions concerning future conduct regarding prices or quantities as being particularly likely to lead to a collusive outcome. The Guidelines specify list prices, discounts, rebates, price reductions and increases as being pricing data and information on intended future sales, market shares, territories and sales to particular groups of consumers as being strategic price / quantity information. Is this list exhaustive? *This question is required.
10. There are many situations in which employees come into contact with competitors, such as at industry events and informal meetings with ex-colleagues. What can companies do to prevent anti-competitive information exchanges (tick all that apply): *This question is required.
0%