Competition law sensitive information

What are the guidelines for competitively sensitive information?
The guidelines define competitively sensitive information as: “Information that is important to rivalry between competing firms and likely to have an appreciable impact on one or more of the parameters of competition (for example, price, output, product quality, product variety or innovation)._{Mar 15, 2023}.
What is commercially sensitive information concerning competition law?
Commercially Sensitive Information is any information that a party would not want to share with its competitors and reduces strategic uncertainty in the market.
Examples include specific information on pricing, margins, volumes, input costs and capacity in the market..
What is competitive sensitive information?
Competitively sensitive information includes information relating to price, elements of price or price strategies, customers, production costs, quantities, turnover, sales, capacity, product quality, marketing plans, risks, investments, technologies and innovations..
Which of the following is competitively sensitive information?
Competitively sensitive information could include prices, customer lists, production costs, quantities, turnovers, sales, capacities, qualities, marketing plans, risks, investments, technologies, research and development programmes and their results.”_{Feb 28, 2023}.
Competitively Sensitive Information does not include information (1) disclosed in public materials or otherwise in the public domain through no fault of the receiving party, (2) lawfully obtained by the receiving party from a third party without any obligation of confidentiality, (3) lawfully known to the receiving

A firm that provides competitively sensitive information to competitors about future conduct, such as future prices or its expectations regarding its competitors' future conduct, is anti-competitive because it could constitute or facilitate a collusive understanding among firms.

Competitively sensitive information can be exchanged privately (e.g., in a meeting), publicly (via published material) or through a third party, such as a trade association. No written or express agreement is required. A single meeting or conversation is enough to break competition law.

Competitively sensitive information includes information relating to price, elements of price or price strategies, customers, production costs, quantities, turnover, sales, capacity, product quality, marketing plans, risks, investments, technologies and innovations.

The guidelines define competitively sensitive information as: “Information that is important to rivalry between competing firms and likely to have an appreciable impact on one or more of the parameters of competition (for example, price, output, product quality, product variety or innovation).

Does information exchange between competitors violate the Competition Act?

The Competition Commission has published final Guidelines on the Exchange of Competitively Sensitive Information between Competitors, which provide a framework for evaluating whether information exchange among competitors violates the Competition Act.

What are the competition law guidelines?

The Guidelines aim to assist trade associations and other stakeholders to make information decisions about the competition law consequences of the exchange of competitively sensitive information between competitors.
It is therefore imperative for businesses to take note of these guidelines when exchanging competitively sensitive information.

What Information Can Be Exchanged Between Competitors?

The factual/economic background of each market needs to be taken into account, as some are inherently more transparent than others.
However, exchange between competitors of information which is not in the public domain and concerns the parameters of competition, such as resale price, production capacity or costs is more likely to be caught by compe.

What is competitively sensitive information?

Competitively sensitive information covers any non-public strategic information about a business’s commercial policy.
It includes, but is not limited to, future pricing and output plans.
Historical commercial information is far less likely to be sensitive, particularly if individual businesses’ commercial activities cannot be identified in it.

Which information is more likely to be caught by competition rules?

However, exchange between competitors of information which is not in the public domain and concerns the parameters of competition, such as:

resale price

production capacity or costs is more likely to be caught by competition rules than exchange of information that is commercially less sensitive.

with Whom Can You Exchange Information?

The risk is greatest when information passes between current or potential competitors.
For this reason it is this exchange of information that is most strictly controlled (and punished) by competition law.
Information exchange between supplier and buyer is not only permissible but necessary if they are to reach a commercial agreement.
Nevertheless,.

Competition law sensitive information

What are the guidelines for competitively sensitive information?

What is commercially sensitive information concerning competition law?

What is competitive sensitive information?