In this issue:
Information exchanges between competitors have long challenged global competition authorities. Whether via trade associations or otherwise, such exchanges can be productive for consumers—enabling cost savings through collective know-how re improving products or production efficiency—or detrimental, hiding price-fixing or bid-rigging. And with data now a global product, such challenges will only increase in complexity. Starting with a case study of egregious competitive disregard, this colloquium looks at regulating such exchanges and, in particular, at the very real risks such exchanges pose for unwary companies. And in a special article, we join the debate that the USCC started by making antitrust fines officially a priority for 2015.
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Information Exchange: Productive Cooperation or Harmful Collusion?
“But the Bridge Will Fall” is Not a Valid Defense to an Antitrust Lawsuit
An antitrust case is not the place to debate the merits of competition. Jarod Bona (Bona Law)
Information Exchanges and Competition Law: A Few Comparative Law Thoughts
Grey is most often the color of information exchanges. Pedro Callol (Callol Law)
Collusion Versus Collaboration: Getting It Right
In considering how collaboration differs from collusion, it is useful to think of form-based versus effects-based approaches. Neha Georgie
Trade Associations in Asia: A Predictable Focus of the Authorities
Trade associations have been an enforcement focus of antitrust authorities in Asia, particularly in China, in recent years. Mark Jephcott & Tom Kemp (Herbert Smith Freehills)
Trade and Professional Associations in Canada: An Update
What is needed, above all, is the commitment to make competition compliance a priority. Mark Katz (Davies Ward)
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Of Special Interest
Increasing Fines vs. Incentivizing Corporate Compliance: A Case for Compliance
A shift in focus—from the stick (the penalty) to the carrot (compliance incentives)—would ultimately reduce crime and protect U.S. consumers. Kathryn Hellings & Daniel E. Shulak (Hogan Lovells US LLP)
