In 2004, two cases on exchanges of information between competitors were decided by the Italian competition authority (“AGCM” – the Autorità Garante per la Concorrenza ed il Mercato). This revived a lively debate on the conditions in which these practices should be prohibited and whether they are anticompetitive per se. Over the years, the AGCM has taken a firm stand against such practices, in some cases beyond that taken by the European Commission and the European Court. This article reviews the rules and outlines the innovative approach that the AGCM has recently adopted.
Antitrust and Trade Regulation
Date of this Version
Antonio Capobianco and Stefano Fratta, "Information exchanges between competitors: the Italian Competition Authority’s recent practice" (January 2005). Wilmer Cutler Pickering Hale and Dorr Antitrust Series. Working Paper 44.