Data Pools as Information Exchanges between Competitors: An Antitrust Perspective (cepInput)
Last year the European Commission announced the launch of an antitrust investigation into the Insurance Ireland data pooling system. The Commission wants to assess whether the conditions of access to the system are in breach of Article 101 of the Treaty on the Functioning of the European Union (TFEU), which prohibits anticompetitive agreements.
This shed a light on the fact that data pooling arrangements, generally considered pro-competitive, could qualify as antitrust infringements. This cepInput contributes to the public debate on this topic by assessing if and, if so, how data pools can amount to prohibited information sharing agreements between competitors. We believe that the upcoming review of the Horizontal Cooperation Guidelines should provide additional guidance in this regard.
PRESSEINFORMATION 14/2020 (publ. 25.02.2020)