Author(s)
Reference
European Competition and Regulatory Law Review (CoRe) 4/2023, 232 – 235
In a judgement of 15 February 2023, the Belgian Market Court found that the indirect exchange of future pricing intentions by four cigarette manufacturers via their shared distributors is to be qualified as a concerted practice. Accordingly, this case not only provides useful insights on how to differentiate normal sectorial commercial dialogue from unlawful sharing of strategic information between competitors, but also underscores that indirect information exchange can be problematic even if there is no full-fledged hub-and-spoke cartel.
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