Lo scambio di informazioni tra le imprese nell'epoca di Internet: considerazioni sulle regole

The article addresses the problems created in terms of competition between companies by the so-called digital revolution and the increasing use of algorithms to determine the behaviour of companies. In particular, it examines the question of the lawfulness of the exchange of information between competitors through the use of platforms, in order to verify whether the current rules laid down in Article 101 TFEU are still suitable to regulate the new forms of collusion also between the algorithms themselves. After examining both national and European case-law and practice, the author argues that the need to introduce new rules which meet the needs of the digital economy has not yet emerged, but that at the same time a mere analogical extension of the current criteria, as transposed in the Commission’s Guidelines, to innovations produced by new technologies is not at all straightforward.