Question
Consider the following statements regarding Section
3(4) (Permitted Information Agreements) of the Competition Act: Statement 1: Agreements exchanging information about customers are always exempted under Section 3(4). Statement 2: Only non-confidential information exchange is permitted under Section 3(4). Statement 3: Exchange of cost information between competitors can be permitted under Section 3(4). Statement 4: Information agreements must pass the exemption criteria: improving efficiency and benefit to consumers. Which statements are correct?Solution
Information agreements are not automatically exempt—Statement 1 is incorrect. Non-confidential information is preferred—Statement 2 is correct. Cost information under certain conditions can be permitted—Statement 3 is correct. Exemption criteria apply (efficiency, consumer benefit)—Statement 4 is correct. Statements 2, 3, and 4 are correct.
