CARS publications
CARS Centrum Studiów Antymonopolowych i Regulacyjnych Uniwersytetu Warszawskiego


Title: Exchange of Information among competitors in the assessment of competition protection authorities

Author: Antoni Bolecki

Series: Textbooks and Monographs (11)

Publisher: University of Warsaw Faculty of Management Press

Place of publishing: Warsaw

Year of publishing: 2013

ISBN: 978-83-63962-18-0

Exchange of Information among competitors in the assessment of competition protection authoritiesThe monograph by Dr. Antoni Bolecki is dedicated to the reconstruction of the position of competition protection authorities (“CPA”) expressed in cases concerning information sharing between competitors. The author has analysed in excess of 150 cases, numerous guidelines and opinions expressed by CPA in a dozen or so jurisdictions. It turns out that the approach of all CPA to this issue is similar. Differences of a lesser importance exist only between the US and the EU. This similarity makes it possible to develop a universal model of the circumstances under which CPA allow or prohibit information sharing between competitors. According to the author, this model has all it takes to be applied in Poland or in the EU.

The main reason why CPA perceive information sharing as anti-competitive lies in their concern that it will enable competitors to coordinate their actions or at least facilitate such coordination. Having said this, CPA are also willing to look at information sharing as an expression of pro-competitive cooperation.

In each chapter of the monograph, on the basis of specific antirust cases, the author analyses the factors deciding which CPA approach ultimately prevails. The whole is summed up in an overview of the general model serving to analyse when exchange of information agreements is allowed and when is prohibited.