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ARTICLE · 24 DECEMBER 2013

Potential Antitrust Risks Of Public Announcements

De Brauw Blackstone Westbroek
De Brauw Blackstone Westbroek
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De Brauw Blackstone Westbroek

De Brauw Blackstone Westbroek

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Price signalling is back on the agenda of cartel enforcers. ACM concluded its mobile telecommunication sector investigation with no evidence of price-fixing, but nevertheless intends to force mobile operators to refrain from making public announcements on planned price increases.

NetherlandsAntitrust/Competition Law

Price signalling is back on the agenda of cartel enforcers. ACM concluded its mobile telecommunication sector investigation with no evidence of price-fixing, but nevertheless intends to force mobile operators to refrain from making public announcements on planned price increases.  The Commission suspects container-shipping companies of engaging in concerted activity through the making of public announcements on price increases.

Until recently, public statements on future conduct were considered unproblematic. Two developments in The Hague and Brussels make clear that even public statements may result in cartel infringement. It may thus be wise to think twice before making any public announcements on prices.

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