ACM identifies risks of exchanging competition-sensitive information

Exchanging competition-sensitive information between firms could constitute a cartel. That is why the Netherlands Authority for Consumers and Markets (ACM) is currently conducting discussions with businesses and trade associations in the ports and transport sectors about how and in what ways information is exchanged. In that way, ACM is able to identify any anticompetitive risks.

Competition-sensitive information

In the ports and transport sectors, it is necessary to exchange information, for example, in order to get products to their destinations fast and efficiently. For ACM, it is critical is that no competition-sensitive information is exchanged. In most situations, any information about prices, inventories, customers, offers, investments, and market shares is considered competition-sensitive. It could also be information that is collected, and subsequently distributed among the members of a trade association.

If companies have competition-sensitive information about their competitors, some of the uncertainty about their competitors’ actions is taken away. It could also lead to coordination between companies. More information about the risks of the exchange of competition-sensitive information can be found on ACM’s website.

Ports and transport

‘Ports and transport’ is one of ACM’s key priorities. ACM seeks to offer more clarity about competition rules by sitting down with key stakeholders, educating them about competition rules, and taking enforcement actions.