LEGISLATION AND REGULATION

The Commission on Protection of Competition adopted guidelines about information exchange between competitors

The Commission on Protection of Competition adopted guidelines about the exchange of information between competitors. The guidelines are designed to give greater clearance to undertakings and associations of undertakings about the nature, forms and effect of the information sharing from the point of view of the competition law. Part of the guidelines is the so called „black list“. It gives particular examples for the prohibited exchange of information, considered as an infringement under article 15 of the Law on Protection of Competition and article 101 of the Treaty on the Functioning of the European Union (TFEU).

The guidelines outline the basic characteristics of the most frequently exchanged information between competitors on a given market, which is likely to restrict competition on it. Exchange of information that can be qualified as sensitive or strategic commercial information is usually treated as restricting the competition. This is the information related to prices, volumes of sales, marketing strategies, production quality, investments and technologies etc. Any exchange of such between competitors is regarded as constituting a per se infringement to article 15 LPC/101 TFEU even if it has not yet produced its anticompetitive result on the market.

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