VOL.
2011, 4(5)
Polish Antitrust Experience with Hub-and-Spoke Conspiracies
by
Antoni Bolecki*
CONTENTS
I.
Definition of conduct known as ‘hub-and-spoke’
II.
Hub-and-spoke – legal decisions in other jurisdictions
III.
Detailed reconstruction of...
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VOL.
2011, 4(5)
Polish Antitrust Experience with Hub-and-Spoke Conspiracies
by
Antoni Bolecki*
CONTENTS
I.
Definition of conduct known as ‘hub-and-spoke’
II.
Hub-and-spoke – legal decisions in other jurisdictions
III.
Detailed reconstruction of hub-and-spoke practices in Polish cases –
PCW (2006), Tikkurila (2010) and Akzo Nobel (2010)
IV.
Hub-and-spoke – independent practice or element of another practice?
V.
‘Hub’ as the initiator of the agreement
VI.
Standard of proof
VII.
Duration
VIII.
Conclusions
Abstract
A hub-and-spoke conspiracy involves an exchange of confidential information
primarily concerning future prices.
The exchange takes place generally between
competing distributors via a common supplier but a reverse relationship is also
possible.
The essence of hub-and-spoke lies in the fact that there is no direct contact
between competitors – the party guaranteeing the information flow is normally the
common supplier (distributor in a reverse scenario).
A hub-and-spo
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