EU 경쟁법상 공동행위 관련 정보교환에 관한 고찰

In case of attempting to regulate cartels, the exchange of informations is related to both the forming of cartel and the effects of competition restraints. The information exchange can be regulated by the under competition law, if it establishes or is part of the cartels, which include an agreement between undertakings, a concerted practice or a decision by an association of undertakings in article 101 of TFEU. As the exchange of informations is taken into account in terms of competition restraints, it is important to consider the characteristics of market and the information exchange. Generally undertakings are more likely to achieve a collusive outcome in markets which are sufficiently transparent, concentrated, non-complex, stable and symmetric. In those types of markets companies can reach a common understanding on the terms of coordination and successfully monitor and punish deviations. However, information exchange can also enable companies to achieve a collusive outcome in other market situations where they would not be able to do so in the absence of the information exchange. And in terms of the characteristics of the information exchange, it must be considered Strategic information, Market coverage of information, aggregated or individualised data, age of data, frequency of the information exchange, public or non-public information, public or non-public exchange of information. The reverse side of the information exchange must also be considered, especially efficiency gains and pass-on to consumers. These conflicting effects should be equally considered.