When Competitors Can Talk Among Themselves and When They Cannot: Information Exchanges as a New Frontier in Antitrust Enforcement

The treatment of exchanges of sensitive information among competitors represents a new frontier in antitrust enforcement for many jurisdictions. These exchanges can take place directly in meetings, emails, chat rooms, or phone calls among competitors, or indirectly, such as through an industry association, a market intelligence firm, a customer or supplier or even through public statements.

Several jurisdictions, in particular the European Union and China, consider certain information exchanges to be hard-core antitrust violations. And in the United States, Europe and other jurisdictions around the globe, information exchanges may lead to government investigations and an avalanche of civil lawsuits with substantial damages' exposure.

But information exchange is also a common feature of many competitive markets and can be perfectly legitimate. Both antitrust advisors and enforcers, however, may find it challenging to know where to draw the lines because information exchange cases can be both murky and fact-specific.

There is little consistency in how antitrust enforcers in different countries approach information exchange issues. Join us as we discuss how to shape your global antitrust compliance program and how to tackle these issues your business is facing or may face in the future.

Click here to listen to the webinar.

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