Competition Policy Applied to Information Exchanges between Competitors in the EU: Proceedings of the Spanish Competition Authority in a Recent Case

Pedro Posada De La Concha, and Sergio Garcia De Frutos

3/18/2015
(Original Publish Date: 12/22/2014)

This paper examines the economic analytical framework developed in the EU to identify the elements and factors that are relevant for the assessment of information exchanges, and which were not considered by the CNMC, particularly in the investigation of case S/0404/12. The authors point out that, in order for competition authorities to conduct an objective and rigorous assessment of information exchanges, they must analyze the actual effects that such an exchange may have caused, and examine the specific manner in which the exchange may have facilitated a collusive agreement or could facilitate it in the future. Additionally, the procompetitive effects that could be brought about by these practices should also be examined. Performing thorough and appropriate analyses will help prevent excessive intervention that could discourage practices that are potentially beneficial for consumers.