The Assessment of Information Exchange Agreements Between Competitors from the Perspective of Competition Law of the EU and of the Republic of Lithuania

Abstract

The article analyses information exchange agreements between competitors. The article aims to reveal the cases where the exchange of information between competitors might be considered as a prohibited agreement, violating Article 101 of the Treaty on the Functioning of the European Union or Article 5 of the Law of the Republic of Lithuania on Competition. The article analyses the legal nature of the information exchange agreements between competitors, with utmost regard to the criteria, according to which an agreement on the exchange of information could be acknowledged as prohibited or violating the rules of competition law. In the article it is presumed that information exchange agreements do not aim at restricting competition, however in certain cases they might have the effect of restriction of competition.