“In such cases, the antitrust authority will first assess the impact of public authorities’ decisions or actions on antitrust mechanisms and on the economic liberty of targeted companies. If the market or consumers are affected, then, the collective action shall be deemed disproportionate and could be seen as a potential breach of antitrust rules,” Ion explained.
According to Ion, firms involved in collective action must avoid disclosing commercially sensitive information such as current prices, discounts, price increases or reductions, client lists, production costs, sales, marketing plans, investments and technologies.
Lawyers say firms ought to make sure their collective action complies with competition rules, before they decide to set off such proceedings.