OECD Competition Division

OECD - Competition Division

The OECD Competition Division actively encourages governments to tackle anti-competitive practices and fosters market-oriented reform throughout the world.‌ Well-designed competition law, effective enforcement and competition-based economic reform promote growth and employment while making economies more flexible and innovative.

Linked authors

DG COMP (Brussels)
French Competition Authority (Paris)
DGCCRF (Paris)

Articles

359237 Bulletin

OECD Competition Division The OECD holds a roundtable on market concentration

42

Executive Summary 1. In recent years, there has been growing concern that a trend has emerged in which markets around the world are becoming more concentrated and less competitive. This is sometimes attributed to the increasingly digital and globalised nature of many markets and the firms that (...)

OECD Competition Division The OECD holds a roundtable on e-commerce

64

1. Introduction 1. E-commerce – broadly, buying and selling online – is a global phenomenon and an important expanding distribution mechanism across the OECD. During the last decade, e-commerce activities have been growing both in the demand and supply side, as seen by the increasing number of (...)

OECD Competition Division The OECD holds a roundtable on leniency programmes

39

1. Introduction 1. Detection and punishment of hard core cartels has been a priority of antitrust enforcement since many years, as they represent one of the most serious violations of competition law, harming consumers and the economy as a whole alike. However, it is difficult to detect such (...)

OECD Competition Division The OECD holds a roundtable on algorithms and collusion

26

The combination of data with technologically advanced tools such as pricing algorithms and machine learning is increasingly changing the competitive landscape in the digital markets. There is a growing number of firms using computer algorithms to improve their pricing models, customise services (...)

OECD Competition Division The OECD holds a roundtable on price discrimination

106

In recent years the scope for near perfect price discrimination, particularly in the digital economy, appears to have grown. This raises a question over how those jurisdictions in which exploitative price discrimination is an offence will respond. In contrast, the risk of price discrimination (...)

OECD Competition Division The OECD holds a roundtable on oligopoly markets

17

Executive summary, by the Secretariat * Considering the discussion at the session, the delegations’ written submissions, the expert panellists’ presentations, as well as the Secretariat’s issues paper, several points emerge: 1. Explicit collusive agreements are considered unlawful under (...)

OECD Competition Division The OECD holds a roundtable on airline competition

16

Executive summary, by the Secretariat Considering the roundtable discussion, the delegates’ written contributions and the Secretariat’s background note, the following key points emerge: (1) Air transportation is a vital sector for the global economy, customers and governments. Liberalisation (...)

OECD Competition Division The OECD holds a roundtable on competition in road fuel

14

Executive summary, by the Secretariat * Considering the discussion at the roundtable, delegates’ written submissions, and the Secretariat’s background paper, several key points emerge: (1) In a number of OECD countries, road fuel markets are considered competitive at the retail level, with (...)

OECD Competition Division The OECD holds a roundtable on digital economy

19

The digital economy enables and executes the trade of goods and services through electronic commerce on the Internet. It is a very substantial driver of economic growth and an increasing source of work for competition authorities. Understanding competition in digital markets was the main (...)

OECD Competition Division The OECD holds a roundtable on market definition

13

Market definition is one of the most fundamental concepts underpinning essentially all competition policy issues, from mergers, through dominance/monopolisation to agreements. Market definition provides an analytical framework for the ultimate inquiry of whether a particular conduct or (...)

OECD Competition Division The OECD holds a roundtable on excessive prices

19

One of the most controversial theories of harm in competition law in general and within the category of exploitative abuses in particular is excessive prices. Regulatory interventions with the aim of curbing excessive prices are prevalent not only in those jurisdictions that allow for excessive (...)

OECD Competition Division The OECD holds a roundtable on crisis cartels

16

Executive summary, by the Secretariat A discussion on Crisis Cartels from a competition perspective took place during the third session of the 2011 Global Forum on Competition. To prepare this discussion, a background paper, three additional papers prepared by experts and twenty-one (...)

OECD Competition Division The OECD holds a roundtable on standard setting

17

Standard setting yields substantial benefits to consumers and often promotes competition to benefit consumers. Nonetheless, at times, standard setting can give rise to potential consumer harms. By bringing together different players in an industry, the standard setting process provides an (...)

OECD Competition Division The OECD holds a roundtable on exit strategies

13

Executive summary, by the Secretariat Considering the discussion at the roundtable and the delegates written submissions, and taking into account the hearing on Competition and Credit Rating Agencies, several key points emerge: (1) The financial crisis was a result of inadequate regulation (...)

OECD Competition Division The OECD holds a roundtable on margin squeeze

22

A margin squeeze occurs when there is such a narrow margin between an integrated provider’s price for selling essential inputs to a rival and its downstream price that the rival cannot survive or effectively compete. A first step in margin squeeze investigations is a detailed inquiry into the (...)

OECD Competition Division The OECD holds a roundtable on the failing firm defence

11

Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegates‘ written submissions and the Secretariat‘s background paper, several key points emerge: (1) The failing firm defence (FFD) may arise more frequently during financial and economic crises. During (...)

OECD Competition Division The OECD holds a roundtable on two-sided markets

14

Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegates‘ submissions and the background paper, several key points emerge: (1) There is not yet a universally accepted definition of a two-sided market. However, a consensus about the fundamental aspects (...)

OECD Competition Division The OECD holds a roundtable on monopsony and buyer power

16

Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegates‘ written submissions, and the background paper, the following key points emerge: (1) Buyer power is concerned with how downstream firms can affect the terms of trade with upstream suppliers. There (...)

OECD Competition Division The OECD holds a roundtable on resale price maintenance

14

Key documents: Executive summary, by the Secretariat 1. From the country submissions, the background paper, and the discussion at the roundtable in October 2008, the following points emerge: (1). The term “resale price maintenance” (RPM) refers to a particular type of vertical agreement in (...)

OECD Competition Division The OECD holds a roundtable on market studies

11

Executive summary, by the Secretariat Considering the discussion at the roundtable and the delegates’ submissions, several key points emerge. (1) Market studies are a wide-spread component of the work portfolios of competition agencies. Nearly every competition agency conducts market studies (...)

OECD Competition Division The OECD holds a roundtable on refusals to deal

16

Executive summary, by the Secretariat 1. From the issues paper, the country submissions, and the discussion at the roundtable, the following points emerge: (1). The term “refusal to deal” (or “refusal to supply”) describes a situation in which one firm refuses to sell to another firm, is willing (...)

OECD Competition Division The OECD holds a roundtable on trade associations

13

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the member country submissions, and the background paper of the Secretariat, a number of key points (...)

OECD Competition Division The OECD holds a roundtable on public procurement

17

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the member country submissions, and the background paper of the Secretariat, a number of key points (...)

OECD Competition Division The OECD holds a roundtable on vertical mergers

13

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegates‘ written submissions, and the Secretariat‘s background paper, several key points emerge: (...)

OECD Competition Division The OECD holds a roundtable on Private Remedies

14

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat General Policies and Principles The first roundtable addressed a broad range of principles and policies concerning private competition law (...)

OECD Competition Division The OECD holds a roundtable on concessions

13

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegatesí written submissions and the Secretariatís background paper, several key points emerge: (1) (...)

OECD Competition Division The OECD holds a roundtable on barriers to entry

14

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegates‘ submissions and the background paper, several key points emerge: (1) The concept of (...)

OECD Competition Division The OECD holds a roundtable on resale below cost

14

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat 1. Considering the discussion at the roundtable, the delegatesí submissions and the background paper, several key points emerge. (1) (...)

OECD Competition Division The OECD holds a roundtable on predatory foreclosure

16

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegates’ submissions and the background paper, several key points emerge: 1. Competition law and (...)

OECD Competition Division The OECD holds a roundtable on merger remedies

14

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the member country submissions, and the background paper, a number of key points emerge: (1) When (...)

OECD Competition Division The OECD holds a roundtable on media mergers

16

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegate submissions and the background paper, a number of key points emerge: (1) Market (...)

OECD Competition Division The OECD holds roundtable on price transparency

20

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegate submissions, and the background paper, a number of key points emerge. (1) As a general (...)

OECD Competition Division The OECD holds a roundtable on oligopoly

18

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegate submissions, and the background paper, the following key points emerge: Mutually aware (...)

OECD Competition Division The OECD holds a roundtable on failing firm defence

23

Key documents: Background note The perilous financial condition of a merging firm may change the analysis by a competition authority of an otherwise anticompetitive merger. The authority should assess not only what will happen if the merger is permitted, but also what will happen if it is (...)

OECD Competition Division Glossary: Exchange of information

414

Exchanges of information are interactions among competitors that, from a competition law perspective, fall between the universally condemned hard-core “naked” cartels and tacit collusion arising from oligopolistic interdependence, generally considered legal. In the course of doing business, (...)

OECD Competition Division Glossary: Economic efficiency

569

The sources of efficiency examined in economic welfare analysis are static (allocative, productive) or dynamic. The underlying rationale for mergers can be the possibility of achieving efficiency gains. Thus, most merger assessments will discuss productive and/or dynamic efficiency. Practices (...)

OECD Competition Division Glossary: Agreement

409

Agreement refers to an explicit or implicit arrangement between firms normally in competition with each other to their mutual benefit. Agreements to restrict competition may cover such matters as prices, production, markets and customers. These types of agreements are often equated with the (...)

OECD Competition Division Glossary: Notion of control

501

Control over enterprises is generally viewed to be exercised when an individual or group of investors hold more than 50 per cent of the common voting stock of the enterprise or firm. However, "effective control" may be exercised when the investor(s) holds a large block of voting stock even when (...)

OECD Competition Division Glossary: Consumers’ associations

40

Consumers’ associations are special groups of subjects acting in the area of consumer protection. Provision of consultancy, legal protection, involving in international activities is their task and many of them have the right to represent consumers at courts and also in solving litigations in (...)

European Commission, OECD Competition Division Glossary: Joint venture

10871

Association of firms or individuals formed to undertake a specific business project. Under the EU competition rules, joint ventures are undertakings which are jointly controlled by two or more other undertakings. In practice joint ventures encompass a broad range of operations, from merger-like (...)

European Commission, OECD Competition Division Glossary: Cartel

24439

Arrangement(s) between competing firms designed to limit or eliminate competition between them, with the objective of increasing prices and profits of the participating companies and without producing any objective countervailing benefits. In practice, this is generally done by fixing prices, (...)

European Commission, OECD Competition Division Glossary: Brand competition

38491

Intra-brand competition Competition among distributors or retailers of the same branded product, be it on price or non-price terms. For example, a pair of Levi’s jeans may be sold at a lower price in a discount store as compared to a department store but often without the amenities in services (...)

OECD Competition Division Glossary: Excess prices

583

Refers to prices set significantly above competitive levels as a result of monopoly or market power. However, in practice, in absence of a conspiracy or price fixing agreement or evidence of market power stemming from high concentration, it is very difficult to establish a threshold beyond (...)

OECD Competition Division Glossary: Failing firm defence

6522

A firm that has been consistently earning negative profits and losing market share to such an extent that it is likely to go out of business. The concept becomes an issue in merger analysis when the acquiring firm argues that the acquisition of such a firm does not result in substantial (...)

OECD Competition Division Glossary: Licensing

192

Refers to granting legal permission to do something, such as produce a product. The license confers a right which the person or firm did not previously possess. Some licenses are granted free of charge, but most require payment. Licenses are legal agreements which may contain restrictions as to (...)

OECD Competition Division Glossary: Market

387

A market is where buyers and sellers transact business for the exchange of particular goods and services and where the prices for these goods and services tend towards equality. In order for a market to "clear" or function properly, the quantity of goods and services demanded and supplied must (...)

OECD Competition Division Glossary: Price discrimination

832

Price discrimination occurs when customers in different market segments are charged different prices for the same good or service, for reasons unrelated to costs. Price discrimination is effective only if customers cannot profitably re-sell the goods or services to other customers. Price (...)

OECD Competition Division Glossary: Price regulation

467

The policy of setting prices by a government agency, legal statute or regulatory authority. Under this policy, minimum and/or maximum prices may be set. Price regulation also encompasses "guidelines" which specify the magnitude by which prices can increase as in the case of rent controls. The (...)

OECD Competition Division Glossary: Price-fixing agreement

643

An agreement between sellers to raise or fix prices in order to restrict inter- firm competition and earn higher profits. Price fixing agreements are formed by firms in an attempt to collectively behave as a monopoly. © OECD See also (...)

OECD Competition Division Glossary: Refusal to deal/sell

1022

The practice of refusing or denying supply of a product to a purchaser, usually a retailer or wholesaler. The practice may be adopted in order to force a retailer to engage in resale price maintenance (RPM), i.e., not to discount the product in question, or to support an exclusive dealing (...)

OECD Competition Division Glossary: Privatisation

132

Refers to transfer of ownership and control of government or state assets, firms and operations to private investors. This transfer takes the form of issue and sale or outright distribution of shares to the general public. Broadly used, the term privatization includes other policies such as (...)

OECD Competition Division Glossary: Rule of reason

749

A legal approach by competition authorities or the courts where an attempt is made to evaluate the pro-competitive features of a restrictive business practice against its anticompetitive effects in order to decide whether or not the practice should be prohibited. Some market restrictions which (...)

OECD Competition Division Glossary: Vertical restraints (or restrictions)

588

Refers to certain types of practices by manufacturers or suppliers relating to the resale of their products. The usual practices adopted in this regard are resale price maintenance (RPM), exclusive dealing and exclusive territory or geographic market restrictions. Under exclusive dealing (...)

European Commission, OECD Competition Division Glossary: Entry barriers

14778

Barriers to entry are factors which prevent or hinder companies from entering a specific market. Entry barriers may result for instance from a particular market structure (e.g. sunk cost industry, brand loyalty of consumers to existing products) or the behaviour of incumbent firms. It is (...)

European Commission, OECD Competition Division Glossary: Tying or tied selling

10650

Commercial practice of conditioning the sale of one product on the purchase of another product. If tying is not objectively justified by the nature of the products or their commercial usage, such practice may restrict competition. Economic theory suggests that a firm which enjoys market power (...)

European Commission, OECD Competition Division Glossary: Predatory pricing

15121

A (deliberate) strategy, usually by a dominant firm, of driving competitors out of the market by setting prices below production costs. If the predator succeeds in driving existing competitors out of the market and in deterring future entry of new firms, he can subsequently raise prices and (...)

European Commission, OECD Competition Division Glossary: Market power

21654

Strength of a firm on a particular market. In basic economic terms, market power is the ability of firms to price above marginal cost and for this to be profitable. In competition analysis, market power is determined with the help of a structural analysis of the market, notably the calculation (...)

European Commission, OECD Competition Division Glossary: Dominant position

40236

A firm is in a dominant position if it has the ability to behave independently of its competitors, customers, suppliers and, ultimately, the final consumer. A dominant firm holding such market power would have the ability to set prices above the competitive level to sell products of an inferior (...)

European Commission, OECD Competition Division Glossary: Market share

10024

Measure for the relative size of a firm in an industry or market, in terms of the proportion of total output, sales or capacity it accounts for. In addition to profits, one of the frequently cited business objectives of firms is to increase market share. This is because market share, economies (...)

European Commission, OECD Competition Division Glossary: Merger

7499

A concentration arises either where two or more previously independent undertakings merge (merger), where an undertaking acquires control of another undertaking (acquisition of control), or where a joint venture is created, performing on a lasting basis all the functions of an autonomous (...)

European Commission, OECD Competition Division Glossary: Oligopoly

7639

A market structure with few sellers, who realise their interdependence in taking strategic decisions, for instance, on price, output and quality. In an oligopoly, each firm is aware that its market behaviour will distinctly affect the other sellers and their market behaviour. As a result, each (...)

European Commission, OECD Competition Division Glossary: Relevant market

34698

The definition of a relevant market is a tool to identify and define the boundaries of competition between firms. It allows to establish the framework within which competition policy principles are applied by the Commission. The main purpose of market definition is to identify in a systematic (...)

European Commission, OECD Competition Division Glossary: Bid rigging

24554

Particular form of co-ordination between firms which can adversely affect the outcome of any sale or purchasing process in which bids are submitted. For example, firms may agree their bids in advance, deciding which firm will be the lowest bidder. Alternatively, they may agree not to bid or to (...)

European Commission, OECD Competition Division Glossary: Franchising

6727

A special type of agreement whereby one undertaking (the franchisor) grants to the other (the franchisee), in exchange for direct or indirect financial consideration, the right to exploit a package of industrial or intellectual property rights (franchise) for the purposes of producing and/or (...)

European Commission, OECD Competition Division Glossary: Extra-territoriality

6166

Term normally used to describe the exercise by a sovereign state of jurisdiction over foreigners in respect of acts done outside the borders of that state. One could say that - in a very broad sense - the EU applies its competition rules in an extra-territorial manner when it makes use of the (...)

Send a message