Critically Evaluate Treatment of Information Exchange in TFEU Article 101 Cases

Abstract

Examines the uncertainties over how the Treaty on the Functioning of the European Union art.101 applies to information exchange between competitors, despite the publication of European Commission guidelines on the issue. Discusses the principles of the European Court of Justice ruling in T-Mobile Netherlands BV v Raad van Bestuur van de Nederlandse Mededingingsautoriteit (C-8/08) on whether a meeting between Dutch mobile telephone operators at which confidential information was exchanged breached art. 101. Considers the value of applying a rule of reason test in these cases.