Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Competition law definition

What does Competition law mean? Competition law describes the body of antitrust rules that govern business conduct which restricts competition and the review of mergers and acquisitions. In practice it addresses anti‑competitive agreements (cartels and concerted practices), abuse of dominance, merger control and enforcement. It is a descriptive term rather than a single defined concept, and draws on statute, guidance and case law. United Kingdom (England & Wales, Scotland and Northern Ireland): the principal rules are the chapter i and Chapter II prohibitions in the Competition Act 1998, and the Enterprise Act 2002 regime for merger control and the criminal cartel offence (Part...

Information Exchange under Article 101 TFEU: 2023 Horizontal Co‑operation Guidelines on algorithms, data sharing, unilateral/indirect disclosures, by object/effect analysis, acquisitions, exemptions and compliance

Published by a LexisNexis Competition expert

Practice notes

Information exchange

Information exchange is a routine commercial behaviour that can boost transparency around prices and other commercially sensitive data and, in some cases, deliver efficiencies. Yet it is under growing scrutiny as a potential anti-competitive tactic. At the same time, information exchange remains one of the most difficult areas for the application of competition law.

Examples of relevant conduct include:

alleged price signalling
sharing of information and bid-rigging arrangements
unilateral disclosure of intended future pricing
indirect exchanges of competitively sensitive information
information exchange via or through an intermediary
information exchange in initial public offerings and share placings
information exchange between merging parties themselves

This Practice Note examines the application by the European Commission (Commission) of Article 101 TFEU to agreements and concerted practices involving the exchange of information. For a UK competition perspective, see Information exchange under UK competition law. On 1 June 2023, the Commission adopted new Guidelines on the applicability of Article 101 TFEU to horizontal co-operation agreements (Horizontal Guidelines). These provide updated, restructured and expanded guidance on information exchange, reflecting the latest EU case law and enforcement developments. They include new guidance on the exchange of digital content and data; indirect information exchange via an online...

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Web page updated on 21/05/2026

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