21. und 22. Mai X. Internationale ... - Bundeskartellamt
21. und 22. Mai X. Internationale ... - Bundeskartellamt
21. und 22. Mai X. Internationale ... - Bundeskartellamt
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There are a number of different forms of business to business exchanges, but all<br />
are aimed at providing a more efficient environment to bring together buyers and<br />
sellers of particular products or services. We are certainly not opposed to the<br />
creation of B2B electronic market places. The fact that these exchanges try to<br />
sign up as many industry players as possible does not itself create a competition<br />
problem. As with stock exchanges, the liquidity and effectiveness of price<br />
discovery of a B2B electronic market place may well increase with the number of<br />
users.<br />
However, there are of course issues that could raise competition concerns.<br />
Looking at the sellers, one concern would be the questions of whether the B2B<br />
marketplace will allow the exchange of sensitive information between<br />
competitors. Another issue relates to the questions whether these systems can<br />
be used to exclude individual companies from the virtual market place. Looking<br />
at the buyers, we would need to examine whether the concentration of buyer<br />
power is a cause for concern.<br />
An important procedural element which is often overlooked is the interplay<br />
between the Merger Regulation and Regulation 17. Many of the concerns<br />
surro<strong>und</strong>ing these exchanges relate to the operation of the exchange in practice<br />
– the exchange of confidential information, the possibility of collusion and so on.<br />
The Merger Regulation is more concerned with the creation of the exchange – so<br />
the concerns as to its operation need to be assessed <strong>und</strong>er Articles 81 and 82.<br />
This may require analysis <strong>und</strong>er a Regulation 17 procedure even where a Merger<br />
Regulation clearance has been obtained. There have so far been no cases<br />
where this has appeared necessary.<br />
We will therefore need to analyse carefully the workings of any proposed B2B<br />
trading system and its effects on the market. This will be done in close cooperation<br />
with other competition authorities, such as the EU national competition<br />
authorities, and the American FTC and DoJ.<br />
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