Legal uncertainty in the scrutiny of hub-and-spoke arrangements under Article 101(1) TFEU: A proposal to reinforce Commission’s guidance for Horizontal Cooperation Agreements
Direct or indirect exchange of commercially sensitive information between competitors is prohibited by Article 101(1) TFEU. Such disclosures enable undertakings to collude, that is, to trade practical cooperation for the risks of competition. Collusion is detrimental for consumer welfare as it allows the colluding parties to raise prices, reduce output and to share markets and customers. Due to th