Our September Casenote Information Exchange – Object, effects and economics in EC law  looks at the law and economics of information exchange.  In particular it examines the framework and its application as set out in the European Commission’s draft Horizontal Co-operation Agreements Guidelines published in May 2010  The Casenote provides an economic justification for ‘infringement by object’.  It assesses the European Commission’s effects-based approach concluding that this is a fact-based inquiry rather than an empirical investigation of the adverse effects of information exchange on competition.  Concerns are also raised about the use of counterfactual analysis.

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