Competition law guidance for the education sector on information exchange between competitors
How an exchange of information may infringe competition law
Competition law applies to undertakings, i.e. any body engaged in an economic activity such as the provision of courses for remuneration, irrespective of the body’s legal status or the way it is funded. Competition law prohibits undertakings from entering into agreements or concerted practices, and prohibits decisions by associations that have as their object, or that are likely to have the effect of, restricting, distorting or limiting competition to an appreciable extent.
To be caught by competition law, agreements do not have to be in writing — they could be oral, inferred from conduct or be informal ‘gentleman’s agreements’. It applies to ‘tacit collusion’ between undertakings to jointly pursue an anti-competitive goal.
The concept of agreement/concerted practice has therefore been cast very broad and is wide enough to capture the sharing of information. When a company or institution divulges commercially sensitive or confidential information, there is a risk that the information sharing: mutes competition between them (such as by reducing the uncertainty as to how one or other competitor will behave); or leads to a collusive outcome (whereby the companies agree on a course of action)…
Click on the link below to read the rest of the Walker Morris briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
What’s coming up: the major cases, government policy changes, and litigation and dispute resolution legislation to look out for in 2015
We know that it is important for businesses to be aware of upcoming legal and regulatory changes, so that they can plan ahead. View Walker Morris’s summary of some of the key upcoming decisions in major cases, changes to government policy and forthcoming legislation relating to litigation and dispute resolution in an easy-to-use table by clicking the link below: http://www.walkermorris.co.uk/whats-coming
The answer is yes, if they were not created as part of a genuine attempt to settle an existing dispute.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.