Information exchange among competitors in competition law
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Abstract (EN)
In competition law, information exchange can occur among competitors in various ways. Competitors may provide the information exchange intentionally for the purpose of coordination; or information exchange among competitiors can also occur by means of third parties as advertisements, market surveys, professional associations indirectly. Information exchange among competitors may backfire with respect competiton law because it can reduce or eliminate uncertainties about business strategies of competitors. The uncertainty that diminishes or is eliminated completely and transparency that occurs in the relevant market enables the competitors to know each other's business decisions in advance, to foresee and to coordinate own strategies with them. Under these circumtances, information exchange may have an effect on consumers negatively by restricting competition in the relevant goods or services market. However, it would be possible to say that if the information exchange creates a general transparency in which the consumers can easily reach to information, not just among the competitors, then the exchange of information strengthens rather than restricts competition and it provides benefit to the interest of the consumers. While evaluating the exchange of information that can have both positive and negative effects on the competition in terms of competition law, a comparative analysis should be carried out with all these elements and the dominant side should be determined and the result should be reached according to the characteristics of the concrete case. It should also be taken into account whether this is caused by a legal regulation when assessing an information exchange activity.
Author
Çiğdem Akkan
Institution
How to Cite
Çiğdem Akkan (Doctorate thesis). Information exchange among competitors in competition law, 2019, Dokuz Eylül University.
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