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This paper considers which circumstances constitute an infringement of Article 101 of the Treaty on the Functioning of the European Union (TFEU) by object. It also sets out the recent attempts to clarify this sophisticated issue of information exchanges between competitors, and provides a description of the European Commission's success and the European Court of Justice's failure to assist businesses with developing compliance strategies. Article by Anna Kaczor (doctoral candidiate, Warsaw University) published in Amicus Curiae – Journal of the Society for Advanced Legal Studies at the Institute of Advanced Legal Studies. The Journal is produced by SALS at the IALS (Institute of Advanced Legal Studies, School of Advanced Study, University of London).

Warning: exchange of commercially sensitive information between competitors may result in an infringement of Article 101 TFEU by object