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Soft law > Concerted Practices

Guidelines on Information Exchange Between Competitors

Mexican Federal Economic Competition Commission, Guidelines, 2015

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The guidelines are inspired on the importance of market information availability, as well as the positive effects that this can generate. The purpose and scope of the guidelines is very simple: to inform about how COFECE´s investigative authority and COFECE in general perceive information exchange. The Guidelines develop the general principles that govern information exchanges and the various mechanisms through which they can be carried out. It also analyses the potential effects that these exchanges may have over competition conditions and market access. To do so, the Guidelines list the elements related to the nature of the information, market conditions and mechanisms to exchange information that could constitute minor and major risks to competition. For example, COFECE considers that information exchange related to: strategic, up-to-date, disaggregated, frequent, recent or not accessible for all agents in the market, is at a greater risk of being considered anti-competitive. Also, information exchange is more likely to generate problems for competition in case of concentrated markets with similar market shares and homogeneous goods. Considering direct information exchanges between competitors or an association, and when appropriate safeguards are not adopted, they could be more problematic and prone to investigation.

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