A Primer on the Law of Information Exchange

This work is a general guide to the law of information exchange to aid non-antitrust lawyers' and business managers' understanding of when and how the antitrust laws apply to information exchanges. It aims to help spot issues so that advice may be sought from an experienced attorney.

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With the advent of new and more sophisticated information technologies, businesspersons have more opportunities to interact and exchange information with their competitors. In this climate of free-flowing information, it is essential that businesspersons are aware of the legal implications of engaging in information exchanges whether in the form of an industry association questionnaire or electronic mail. The Section of Antitrust Law of the American Bar Association has developed this general guide to the law of information exchange to aid non-antitrust lawyers' and business managers' understanding of when and how the antitrust laws apply to information exchanges. It is written primarily to help businesspersons to understand the risks and comply with the law. This primer is not a substitute for legal advice but, rather, is offered as background to help spot issues so that advice may be sought from an experienced attorney. The booklets are about the size of a pocket journal and have a space on the back to identify the law firm or company and contact counsel. They are available singly and, at substantial discounts, in convenient packs of 25 copies each.