Companies exchange information all the time. Indeed, data and information exchange are key to operating in an increasingly fast-paced digital economy.

There is, however, a fine line between information exchange that can be expected within the normal course of business and information exchange that can be considered anti-competitive, potentially attracting investigations, fines and even criminal prosecution.

This webinar covers the key features of information exchange that need to be considered when assessing antitrust risk.

We also discuss the specific contexts in which those risks typically arise, including:

  • ‘naked’ exchanges having as their sole purpose the facilitation of a price-fixing or market sharing cartel
  • a series of unfortunate events when attending meetings, even just one in July 2012 (the Galvanised Steel Tanks case)
  • participation in trade associations
  • managing information exchange in supply and distribution agreements, and
  • information exchange in the context of corporate transactions/M&A.


Graeme Young, partner, CMS

Graeme is a partner specialising in all aspects of EU and UK competition law. He has over 20 years’ experience advising on competition law compliance issues, acting on investigations and competition litigation and on merger control.

He is dual-qualified, in Scotland and in England and Wales, and a former chair of the Competition Section of the Law Society.

This webinar is inclusive to Competition Section members

Recorded on 29 May 2019

Watch the webinar