The Competition Commission has published guidelines on the exchange of competitively sensitive information following requests from various stakeholders, including businesses and industry associations, for it to clarify what constitutes permissible and impermissible information exchange. The guidelines detail the type of information exchange that may potentially be harmful to competition and when such exchange may enhance efficiencies. The guidelines also outline the commission’s general approach to determining whether information that is exchanged between firms that are competitors amounts to an exchange of competitively sensitive information in contravention of the Competition Act.
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