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Competition enforcement practices

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  • The standard of review by courts in competition cases

    The June 2019 OECD roundtable on the standard of review by courts in competition cases examined the review of enforcement decisions and investigation steps by courts, and referred to methods ensuring that courts have access to expertise in competition law and economics. Read the OECD background note and tune in to watch a video with Judge Ian Forrester of the General Court of the European Union, where he talks about some key points from the discussion.

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  • Treatment of legally privileged information in competition proceedings

    The different approaches to legal professional privilege among jurisdictions create challenges regarding companies’ international operations, and authorities’ co-operation and sharing of information in cross-border cases involving jurisdictions offering dissimilar levels of protection. In November 2018, the OECD held a discussion on the treatment of privileged information in competition proceedings. All related materials for the discussion are available on this page.

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  • More OECD work on Competition

    Main areas of work include: Digital Economy and Innovation, Market Studies, International Co-operation, Evaluation of Competition Interventions, Fighting Bid Rigging in Public Procurement and Competition Assessment.

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Effective competition policy requires effective and efficient application of competition law and economics. Much of the work carried out by the OECD focuses on the background and framework of competition policy, and how competition authorities can learn from each other and from academic work to improve their effectiveness.

 

Processes and economic analysis: key to effective competition policy

Good processes are essential: a fair, predictable and transparent process bolsters the legitimacy of a competition authority’s actions.  Whatever the legal framework, consistency, predictability and fairness in decision-making processes can be fostered by transparency about legal standards, agency policies, practices and procedures as well as the judicial review process.

Good economic analysis is also necessary.  Any assessment of competition, whether carried out for law enforcement or wider policy purposes, will require a sound understanding of economic principles, and based on careful analysis of the evidence, possibly including statistical and other techniques for the analysis of data.  This analysis need not be sophisticated, but all competition professionals need to be prepared to consider and use sophisticated econometric or other techniques where needed, or to respond to evidence of this sort presented by interested parties.

 

Applying competition policy: the OECD as a forum for exchange of experiences

Applied competition policy therefore requires practitioners to stay in touch with best practices from their peers and from applied academic studies.  The OECD provides a forum for such best practices to be identified, debated and published and – where relevant – codified in the form of Recommendations to its member states.

DOCUMENTS AND LINKS

List of all best practice roundtable relases on enforcement

 

Latest roundtables on enforcement

Common ownership by institutional investors and its impact on competition, 2017

Extraterritorial reach of competition remedies, 2017

Focus on small agencies and those in developing economies: Overcoming adversity and attaining success, 2017

Judicial perspectives on competition law, 2017

Safe harbours and legal presumptions in competition law, 2017

Algorithms and collusion, 2017

Competition Issues in Aftermarkets, 2017

Market study methodologies for competition authorities, 2017

Multi-sided markets: rethinking the Use of Traditional Antitrust Enforcement Tools, 2017

Agency decision-making in merger cases: Prohibition and conditional clearances, 2016

Big data: Bringing competition policy to the digital era, 2016

Price discrimination, 2016

Geographic market definition across national borders, 2016

The role of market studies as a tool to promote competition, 2016

Independence of competition authorities - from designs to practices, 2016

Sanctions in antitrust cases, 2016

Commitment Decisions in Antitrust Cases, 2016

Public interest considerations in merger control, 2016

Jurisdictional nexus in merger control regimes, 2016

 


Indicators of Product Market Regulation (PMR) 

2009 Recommendation on Competition Assessment

2005 Guiding Principles for Regulatory Quality and Performance

 

 Permanent URL: www.lcgcbg.live/competition/enforcement

 

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Topics

Abuse of dominance & monopolisation

Cartels & anti-competitive agreements

Digital Economy and innovation

Enforcement practices

Evaluation of competition interventions 

International co-operation

Liberalisation & intervention in regulated sectors

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Key materials, Tools & Guidance

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Competition assessment toolkit

Country reports & peer reviews

Fighting bid rigging in public procurement 

Recommendations

Reports by the Competition Committee

Reports by competition agencies

Global Relations

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Global Forum on Competition

Latin American and Caribbean Competition Forum 

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