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Comparative Analysis of the Information Exchange Between Economic Agents and Their Regulation in the Competition Law

 |  October 8, 2018

By Patricio Pozo Vintimilla (Universidad Andina Simón Bolívar)

The correct and efficient functioning of the markets, requires that all the economic agents that interact on it, systematically transfer information of the most varied type, nevertheless, the agents could be tempted to interchange information to obtain economic benefit, incurring in anticompetitive practices that affects the efficiency of the market as well as the consumers well-being.

Faced with this problem, the following questions arise: ¿What kind of information exchange can affect the market and the consumers? considering that it’s an essential element for its performance and ¿What type of behavior can be sanctioned by the competition authority?

To answer these questions, we will study the competition law of three legal systems: United States, the European Union and Ecuador, considering the parameters of regulation, set out in the doctrine and the most relevant jurisprudential cases.

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