Horizontal Information Exchange and Innovation in the Platform Economy – a Need to Rethink?

ABSTRACT The question of innovation platforms is very topical, as we increasingly observe undertakings being brought together as co-creation partners on innovation platforms, which enable the introduction of new products and services, increasing efficiency and creating customer value. However, the innovation process inevitably requires exchange of information between participating undertakings. While the principles of information exchange are well-established in one-sided markets, this is less so for horizontal cooperation in an environment characterized by competing innovation platforms and specific dynamics. Are innovation platforms special, and is there, for the benefit of legal certainty, a need to clarify the concepts regarding the nature of information? We argue that this could very well be the case, especially if the uncertainty regarding the compliance with competition law threatens to hamper the innovative processes. Moreover, we argue that the doctrine to be applied on information exchange should depend on the proven intent behind the exchange.