OECD - Competition Division (Paris)

Review

Wouter Meester, Aura García Pabón, Daniel Westrik Competition Enforcement: The OECD shares, in its Competition Trends report, the main developments in competition enforcement around the world

23 February 2023 357

The global landscape of competition enforcement is rapidly evolving, with new trends and developments constantly emerging. External developments or crises (such as the increasing importance of digital markets, the COVID-19 pandemic and climate change) affect priorities for competition (...)

James Mancini What’s market power got to do with it?: The relationship between digital competition policy developments and market power

September 2022 3256

Competition policy has been undergoing a rapid evolution with respect to digital markets, including new legislative frameworks. This article explores whether market power has retained a central role during this evolution. It considers the nature of market power in digital markets, and the (...)

Vinicius Marques de Carvalho, Carlos Ragazzo, Paulo Burnier da Silveira International Cooperation and Competition Enforcement: Brazilian and European Experiences from the Enforcers’ Perspective, Vinicius MARQUES DE CARVALHO, Carlos Emmanuel Joppert RAGAZZO and Paulo BURNIER DA SILVEIRA

September 2014 56

This section selects books on themes related to competition laws and economics. This compilation does not attempt to be exhaustive but rather a survey of themes important in the area. The survey usually covers publication over the last three months after publication of the latest issue of (...)

Paulo Burnier da Silveira Competition Law and Policy in Latin America: Recent Developments, Paulo Burnier DA SILVEIRA

September 2017 98

Catherine Prieto, Laurence Idot, Emmanuel Combe, Anne Wachsmann, David Bosco, Etienne Pfister, Mathilde Poulain, Marie-Cécile Rameau, Josep M. Carpi Badia, Étienne Chantrel, Didier Theophile, Guy Canivet, Rafael P. Amaro, Henri Piffaut, Doris Hildebrand, Paulo Burnier da Silveira, Fatma El-Zahraa Adel The integration of public interest considerations in the application of competition rules (26 Nov 2020)

May 2021 3430

The integration of public interest considerations is not only desirable, but possible because of the permeability of the competition rules to the reception of well-being by the competitive parameters of quality, choice and innovation in addition to that of price. The scope for progress depends (...)

Ruben Maximiano, Takuya Ohno, Ania Thiemann, Cristina Volpin OECD Competition Open Day (24 February 2021)

May 2021 1366

The third OECD Competition Open Day (24 February 2021) featured a keynote address by Mariana Mazzucato on the role of competition policy in driving the economic recovery and sessions on environmental sustainability and competition, digital ecosystems, competition and the economic recovery, and (...)

Eric A. Posner, Cristina Volpin Labor monopsony and European competition law

November 2020 3440

Recent economic research indicates that labor markets tend to be highly concentrated, and that employers use mergers, no-poaching agreements, and related collusive behavior to further concentrate labor markets and exploit labor market power at the expense of workers. In the United States, this (...)

Pedro Gonzaga, Lynn Robertson, Ania Thiemann, Cristina Volpin OECD: Second Competition Open Day (Paris, 26 February 2020)

May 2020 762

At the Second OECD Competition Open Day, the OECD launched the first edition of the OECD Competition Trends which provides unique insights into global competition trends based on analysis of data from more than 50 OECD and non-OECD jurisdictions. Sessions discussed competition in the digital (...)

James Mancini Digital antitrust: An emerging consensus?

November 2019 1596

An increasing number of jurisdictions are considering adjustments to their competition policy framework to reflect the unique challenges of digitalisation. Indeed, several studies have been formally commissioned on the subject. While their legal context, focus and findings vary significantly; (...)

Ruben Maximiano, Matteo Giangaspero, Cristina Volpin Main challenges in adjudicating competition law cases (9th OECD/Korea Policy Centre Competition Law Seminar for Asia-Pacific Judges - Bangkok, May 30–31st, 2019)

September 2019 349

Every year the OECD/Korea Policy Centre offers judges in Asia-Pacific an opportunity to discuss competition law and competition economics in order to endow judges in the region with the tools to deal with competition cases in their jurisdictions. 1. The ninth OECD/Korea Policy Centre (...)

Pedro Caro de Sousa, Pedro Gonzaga, James Mancini, Cristina Volpin, Sabine Zigelski OECD: The 2019 Competition Open Day discusses cutting-edge topics recently addressed by the OECD Competition Committee (Feb. 27th, 2019, Paris)

27 February 2019 455

The first OECD Competition Open Day took place on 27th February 2019. Its purpose was for the OECD to reach out to the broader competition policy community, including practitioners, businesses, academics and students, in the work of the OECD. While the work of the OECD Competition Committee is (...)

Alessandra Tonazzi, Elina Koustoumpardi, Mélanie Thill-Tayara, Raphaël De Coninck Recent developments in pharma antitrust

September 2017 1373

The authors of this On-Topic focus on the latest developments in the pharmaceutical sector. According to Ms Thill-Tayara, author of the first contribution and lawyer with Dechert Paris, if the competition agencies’ activism is partly motivated by the need to limit the expenses of national (...)

Adam Cooper, Antonio Capobianco, Mike Walker, Pablo Florian, Peter Davis Failing firm defence: A new theory?

May 2010 3320

Ces trois brefs articles présentent trois points de vue sur la théorie de l’entreprise défaillante. Le premier décrit les moyens de preuve de l’entreprise défaillante à travers trois études de cas. Celles-ci mettent en lumière les preuves qui peuvent être utilisées, ainsi que les analyses qui (...)

Bulletin

Foreword

Eric A. Posner, Cristina Volpin No-poach agreements: An overview of EU and national case law

4 May 2023 2236

No-poach agreements have received increased attention by competition authorities, especially in the United States, as part of a broader movement to address anticompetitive behavior by employers in labor markets. A no-poach agreement is an agreement between employers not to hire away each other’s employees. A no-poach agreement is actually just one of a family of related agreements among employers that have the purpose and effect of reducing competition in labor markets. Employers have also been accused of agreeing not to solicit or “cold call” one another’s employees, and of fixing wages and exchanging information about compensation. There are also vertical no-poach agreements, for example, between staffing agencies and the firms to which they supply workers.

Ania Thiemann, Antonio Neto Barriers to entry in the digital market: An overview of EU and national case law

12 May 2021 2298

Before firms can compete in a market, they have to be able to enter it. Many if not most markets present at least some obstacles that make it more difficult for a firm to enter. Although scholars have been debating how to define ’barriers to entry’ for decades, starting with Joe Bain in the late 1940s and 1950s, no single definition seems to have gained preference whether by analysts or competition practitioners

Antonio Capobianco, Gabriele Carovano Cooperation between National Competition Authorities: An overview of EU and national case law

4 June 2020 813

It is the overriding belief that the EU competition rules should be applied uniformly and the European Competition Network (ECN) was established for attaining such aim. While the ECN has functioned successfully during its initial stages and still represents one of the most developed co-operation competition frameworks of the world, this foreword will explore how the Network worked in recent years and whether it is time to update it, also considering the challenges presented by the digitalisation of the economy. This foreword will: (i) describe the ECN working mechanism (section n. 2); (ii) report and analyse the main developments and cases affecting/influencing the European competition authorities’ ability to co-operate (section n. 3); and (iii) offer a short discussion of areas of possible development for the ECN (section n. 4).

Austria

Judith Feldner, Sophie Bara The Austrian Cartel Court reminds about the domestic merger thresholds and imposes a fine for failure to notify the acquisition on a car parts manufacturer (Castanea Rubra / Neue Halberg)

27 March 2020 53

(Un)friendly Reminder From The Austrian Cartel Court Of How To Allocate Turnover* Antitrust lawyers often work under time pressure when assessing the relevant thresholds to determine where a merger filing must be submitted. They usually keep the requests concerning turnover to a minimum, (...)

Brazil

Paulo Burnier da Silveira, Victor Oliveira Fernandes The Brazilian Competition Authority decides to file charges against a multinational technology company due to one of its online shopping platform features (Google)

26 June 2019 1637

GOOGLE SHOPPING IN BRAZIL: HIGHLIGHTS OF CADE’S DECISION AND TAKEAWAYS FOR DIGITAL ECONOMY ISSUES On 26 June 2019, the Brazilian Competition Authority (CADE) decided to file the competition charges raised against Google on its “Google Shopping” feature. It was not an easy decision, which is (...)

Paulo Burnier da Silveira The Brazilian Competition Authority fines air cargo carriers for price fixing, highlighting the importance of leniency program in the fight against cartels (Absa Aerolineas Brasileiras)

28 August 2013 287

Introduction CADE’s Tribunal condemned airlines ABSA Aerolineas Brasileiras S.A., Varig Logistica SA, American Airlines Inc., and Alitalia Linee Aeree Italiane S.P.A., plus seven individuals, for cartel formation in the international air cargo sector. The fines sum approximately 300 million (...)

Paulo Burnier da Silveira, Vinicius Marques de Carvalho The Brazilian Competition Authority analyses two international mergers with intense cooperation with the EU Commission, indicating a new approach for international merger review in Brazil (Mach / Syniverse / Munksjö / Ahlstrom)

22 May 2013 306

CADE has recently analyzed two international mergers with intense cooperation with DG-Competition. In fact, these two cases reflect the advances brought by new Competition Law. In the previous law, CADE would only analyze cases after their approval by other jurisdictions. With the institution (...)

Marcos Paulo Verissimo, Paulo Burnier da Silveira, Vinicius Marques de Carvalho The Brazilian CADE issues a decision on resale price maintenance that may serve as guidelines for future analyses (SKF)

30 January 2013 461

The Brazilian Competition Authority (CADE) has recently issued an important decision on Resale Price Maintenance (RPM) practices that may serve as guideline for future analyses of this conduct (CADE’s Administrative Proceeding nº 08012.001271/2001-44). The administrative judgment started in (...)

European Union

Andrea Amelio, Miguel de la Mano, Pablo Asbo, Ruben Maximiano, Viktor Porubsky The EU Commission conditionally approves a merger in the baking industry after analysis of possible coordinated effects (ABF / GBI)

23 September 2008 819

ABF/GBI Business: coordinated effects baked again* I. Introduction Just a few months after the Court of Justice gave a key ruling in Sony/BMG v Impala, the Commission adopted its decision in the ABF/GBI Businesscase. This was the first case since Airtoursin which the Commission intervened (...)

Greece

Federica Maiorano The Hellenic Competition Commission dismisses a complaint by a local distributor against a producer of office equipment for violating article 101 of the TFEU (Dakos v. Brother International)

31 January 2011 296

On 31 January 2011 the Hellenic Competition Commission (“HCC”) issued a decision on a complaint against Brother International Europe Ltd. (“Brother”), a producer of office equipment, raised by Dakos A.E. (“Dakos”), a local company distributing Brother‘s products in the Greek market. (...)

Federica Maiorano The Greek Competition Authority implements a decision of the Athens Court of Appeal that fines should be calculated separately for infringements of Article 101 and 102 of the TFEU (Nestlé)

14 December 2010 959

On 14 December 2010 the Hellenic Competition Commission (“HCC”) published a decision providing details on a fine imposed on NestléGreece (“Nestlé”), clarifying that about €22 million were due for abuse of dominant position and about €7.5 million were due for agreements restricting competition. (...)

Federica Maiorano The Hellenic Competition Authority concludes that a joint purchase agreement between refineries does not restrict competition (Hellenic Petroleum and Motor Oil Hellas)

23 March 2010 896

On 23 March 2010, the Hellenic Competition Commission («HCC») concluded an own-initiative investigation with a ruling that the joint purchase agreement between Hellenic Petroleum («ELPE») and Motor Oil Hellas in relation to the operation of a pipeline to the Athens International Airport does (...)

Italy

Antonio Capobianco, Stefano Fratta The Italian Competition Authority rules that exchanges of information through a third party between competing insurance companies is anti-competitive regardless of the non-concentrated nature of the market (Iama Consulting)

9 October 2003 457

In 2004, two cases on exchanges of information between competitors were decided by the Italian competition authority (“AGCM” – the Autorità Garante per la Concorrenza ed il Mercato). This revived a lively debate on the conditions in which these practices should be prohibited and whether they (...)

Antonio Capobianco, Stefano Fratta The Italian Competition Authority holds that vertical exchange of information between cigarettes manufacturer and its retailers does not infringe competition law though indirectly affects horizontal competition (Philip Morris)

12 June 2003 499

OECD

OECD The OECD holds a roundtable on the future of leniency programmes to examine recent trends in leniency applications as well as different approaches and recent interventions to ensure their continuous effectiveness

13 June 2023 72

The Future of Effective Leniency Programmes: Advancing Detection and Deterrence of Cartels* Leniency programmes can be a powerful tool to detect cartels and support cartel enforcement, facilitating the prosecution of anticompetitive conducts by authorities. Their success depends not only on (...)

OECD The OECD holds a roundtable on assessing and communication the benefits of competition interventions by National Competition Authorities

9 June 2023 79

Assessing and Communicating the Benefits of Competition Interventions* Consistent and meaningful performance measures allow to assess the impact of the activities of competition authorities. This is useful to show the benefits of competition interventions for consumers, to enhance the (...)

OECD The OECD holds a roundtable on the promotion of competitive neutrality by competition authorities

8 December 2021 24

THE 2021 OECD GLOBAL FORUM ON COMPETITION DISCUSSED THE PROMOTION OF COMPETITIVE NEUTRALITY BY COMPETITION AUTHORITIES Significant market distortions may arise when some enterprises benefit from undue competitive advantages conferred by state actions, for example on the basis of their (...)

OECD The OECD holds a roundtable on economic analysis and evidence in abuse cases

7 December 2021 25

THE 2021 OECD GLOBAL FORUM ON COMPETITION DISCUSSED ECONOMIC ANALYSIS AND EVIDENCE IN ABUSE CASES The enforcement of laws against the abuse of dominance or monopolisation by firms with substantial market power can involve significant challenges. The theories of harm, rooted in economic (...)

OECD The OECD holds a roundtable on trade, development and competition

6 December 2021 28

THE 2021 OECD GLOBAL FORUM ON COMPETITION WILL DISCUSS TRADE, DEVELOPMENT AND COMPETITION Competition can be a powerful force for economic development, growth and productivity. Both competition policy and trade policy can play a role in harnessing competition for these purposes, but the (...)

OECD The OECD holds a roundtable on competition issues in news media and digital platforms

3 December 2021 29

The internet represents a great potential for the news industry, and digital platforms increasingly contribute to the online distribution of news content. However, many news publishers largely depend on digital platforms as key sources of traffic, and concerns have emerged regarding terms on (...)

OECD The OECD holds a roundtable on environmental considerations in competition enforcement

1 December 2021 24

The debate on environmental sustainability and the fight against climate change is moving quickly from more abstract political debates to focused conversations on policy choices and implementation options. The OECD is supporting this trend with its continued effort in exploring how competition (...)

OECD The OECD holds a roundtable on competition issues in books and e-books

29 November 2021 31

The books and e-books markets are characterised by public intervention to pursue cultural policy objectives, such as to promote reading as well as the quality and diversity of books. Competition authorities in some jurisdictions participate in the policy debate, for instance by advocating (...)

OECD The OECD holds a roundtable on methodologies to measure market competition

11 June 2021 30

A perceived reduction of the intensity of competition has been used by some to criticise competition authorities and to propose radical changes to competition law systems. The ability to reliably measure, track and compare the competitive intensity of a market is extremely valuable to (...)

OECD The OECD holds a roundtable on the concept of potential competition

10 June 2021 30

There have been increasing calls for greater clarity on the way that potential competition is treated within competition law. This reflects the fact that the importance of potential competition in the competitive analysis of many markets has been increasing as the pace of product evolution (...)

OECD The OECD holds a roundtable on data portability, interoperability and competition

9 June 2021 26

Data portability has been identified as a procompetitive measure to empower consumers to choose among competing providers. Specifically, data portability could theoretically reduce the switching costs consumers face, for example if they must reproduce all of the information and content (...)

OECD The OECD holds a roundtable on ex ante regulation and competition in digital markets

9 June 2021 23

Regulators are becoming increasingly concerned about rises in market power and the growing influence of the large digital platforms within and beyond the marketplace. These concerns include economic aspects such as whether these companies are purposefully moving to prevent competition, as well (...)

OECD The OECD holds a roundtable on competition compliance programmes

8 June 2021 32

Compliance programmes can be helpful complements to public enforcement activity: ideally by preventing competition law violations in the first place. Important developments have taken place since the last OECD discussion on compliance programmes in 2011. Many OECD competition agencies have (...)

OECD The OECD holds a roundtable on competition enforcement and regulatory alternatives

7 June 2021 45

Economic regulation and competition policy are interdependent instruments of economic policy which, while distinct, can have overlapping scopes. Competition law seeks to strengthen the workings of markets by prohibiting certain forms of anticompetitive behaviour that, alone or in concert, have (...)

OECD The OECD holds a roundtable on using market studies to tackle emerging competition issues

10 December 2020 358

The debate on how best to use and adjust the current competition policy framework and tools to deliver benefits to society in a changing world continues to evolve as competition authorities gain experience in both antitrust and merger cases in various industries. This experience has shown that (...)

OECD The OECD holds a roundtable on economic analysis in merger investigations

9 December 2020 244

Economic analysis is a fundamental part of merger control. It underpins the theories of harm that guide merger reviews, and it provides the tools to interpret evidence when assessing these theories. Economic expertise can be of value at each stage of a merger investigation, from evidence (...)

OECD The OECD holds a roundtable on abuse of dominance in digital markets

8 December 2020 417

Many digital markets exhibit certain characteristics, such as low variable costs, high fixed costs and strong network effects, that result in high market shares for a small number of firms. In some cases, these lead to “competition for the market” dynamics, in which a single firm captures the (...)

OECD The OECD holds a roundtable on sustainability and competition

3 December 2020 435

Public and private entities across the globe are called to strengthen their commitment to the UN Sustainable Development Goals, which include, among others, tackling poverty and inequality, promoting sustainable agriculture, supporting affordable and clean energy, promoting responsible (...)

OECD The OECD holds a roundtable on competition economics of digital ecosystems

3 December 2020 241

Competition in the digital economy is increasingly a competition between ecosystems. The most successful digital companies in recent years have been building their business model around large ecosystems of complementary products and services around their core service. Integration of a wide (...)

OECD The OECD holds a roundtable on the role of competition policy in promoting economic recovery

2 December 2020 142

As the COVID-19 crisis develops and moves through different stages including soon towards economic recovery, governments, policymakers and regulators, including competition authorities, face different challenges in order to support a swift and robust recovery. In a world hard hit by a (...)

OECD The OECD holds a roundtable on competition in digital advertising markets

30 November 2020 223

Digital advertising is now the leading form of advertising in most if not all OECD countries, and offers businesses the ability to reach consumers in ways that could only have been imagined previously. Increased Internet coverage and mobile phone penetration has fundamentally changed the (...)

OECD The OECD holds a roundtable on consumer data rights and competition

12 June 2020 302

Privacy and consumer data rights are gaining more attention across the globe as more and more consumers come to rely on the services offered in the digital economy. Consumer data rights can include fundamental rights to privacy, as well as regulations controlling the manner in which consumers (...)

OECD The OECD holds a roundtable on start-ups, killer acquisitions and merger control

11 June 2020 350

Questions over the competitive effects of the acquisition of start-ups or ‘nascent’ firms, by dominant incumbents have become a key part of the debate on how the effective merger control regimes have been in protecting competition during a period of increasing profits. One of the most (...)

OECD The OECD holds a roundtable on conglomerate effects of mergers

10 June 2020 367

Conglomerate effects arise when a merger has an effect on competition, but the merging firms’ products are not in the same product market, nor are they inputs or outputs of one another. Mergers exhibiting conglomerate effects have taken on a new prominence in the digital era, as the largest (...)

OECD The OECD holds a roundtable on the criminalisation of cartels and bid-rigging conspiracies

9 June 2020 508

Sanctions against cartels vary greatly across jurisdictions, from monetary fines against firms and other legal persons, to criminal sanctions (including custodial sentences) against individuals. In the last years, an increased adoption of criminal enforcement regimes has been observed across (...)

OECD The OECD holds a roundtable on lines of business restrictions as a solution to competition concerns

8 June 2020 346

Line of business restrictions are restrictions that limit the kind of activities that the operator of a facility can undertake. These restrictions can be structural in the sense that they prohibit a firm from engaging in a line of business, as set out in the OECD Recommendation on Structural (...)

OECD The OECD issues note on exploitative pricing in the time of COVID-19

26 May 2020 688

One of the many consequences of the COVID-19 crisis is the disruption of supply chains. Together with increased demand, this has led to shortages in a number of essential products. These shortages are influencing the behaviour of firms and may have led to potentially exploitative prices in (...)

OECD The OECD issues note on co-operation between competitors in the time of COVID-19

26 May 2020 254

In the extraordinary circumstances of the COVID-19 crisis, there are a number of reasons that may push competing companies to collaborate with one another and a number of ways in which consumers and the economy may benefit from these collaborations. This note examines some typical situations (...)

OECD The OECD issues note on competition and emergency procurement during COVID-19

26 May 2020 283

Health concerns, confinement measures and border closures adopted in the wake of the Covid-19 crisis have caused severe disruption in the supply and distribution chain of goods, works and services that the public sector needs. At the same time, public buyers around the world need some goods (...)

OECD The OECD issues note on competition issues relating to merger control in the time of COVID-19

25 May 2020 349

One of the many consequences of the COVID-19 crisis is the risk that many firms will find themselves in financial distress and forced to exit the market or merge. This note focuses on competition issues relating to merger control. It serves as background material and raises issues for (...)

OECD The OECD holds a roundtable on competition for-the-market

6 December 2019 88

Some products have characteristics that lead firms to compete to be the supplier of a whole market of product or services, rather than for market share (whether it be a share of units, of contracts or of consumer relationships). These might for example include: a) natural monopolies (with (...)

OECD The OECD holds a roundtable on merger control in dynamic markets

6 December 2019 113

The modern competition dynamics observed in rapidly-evolving sectors, such as high-technology, consumer services and online retail, is challenging the role of competition authorities in merger control, where enforcement decisions fundamentally depend on an effects-based analysis of the likely (...)

OECD The OECD holds a roundtable on competition provisions in trade agreements

6 December 2019 71

The majority of trade agreements include a competition policy chapter or individual competition provisions. These cover a range of issues, such as the adoption or maintenance of competition laws, international co-operation on competition policy or the introduction of procedural safeguards. (...)

OECD The OECD holds a roundtable on competition under fire

6 December 2019 47

The current policy debate criticising the activities of competition authorities is broad and wide ranging from questioning the inadequacy of the consumer welfare standard, to concerns about the current merger control standards. Competition authorities face questions about the effectiveness of (...)

OECD The OECD holds a roundtable on hub-and-spoke arrangements in competition

4 December 2019 285

Hub-and-spoke arrangements are horizontal restrictions on the supplier or retailer level (the “spokes”), which are implemented through vertically related players that serve as a common “hub” (e.g., a common manufacturer, retailer or service provider). The “hub” facilitates the co-ordination of (...)

OECD The OECD holds a roundtable on barriers to exit in competition

4 December 2019 85

Most of the focus in relation to barriers has been on barriers to entry and their effects on competition. However, for competition to be effective there must also be firm exit. Barriers to exit, like barriers to entry, decrease the market discipline mechanisms of the competitive process to (...)

OECD The OECD holds a roundtable on access to the case file and protection of confidential information

3 December 2019 123

Providing access to evidence in a competition agency’s case file protects the parties’ rights of defence and promotes the transparency of the system. The extent and the timing of this access vary across jurisdictions. Agencies depend on access to confidential information provided by parties (...)

OECD The OECD holds a roundtable on independent sector regulators and competition

2 December 2019 102

Independent regulators are those that operate autonomously and with no undue influence from political forces or private entities. This independence, and their relationship with competition authorities that focus on merger control and antitrust enforcement, is important as an effective (...)

OECD The OECD holds a roundtable on the digital disruption in financial markets

7 June 2019 176

The financial sector has been the object of many innovations in recent years, with significant impact on consumers and on regulation. Retail banking is no longer solely branch-based, but can be conducted in many ways, including using mobile telephones. Banks have had to adapt their business (...)

OECD The OECD holds a roundtable on vertical mergers in the technology, media and telecommunication sectors

7 June 2019 185

Vertical mergers are increasingly becoming a focus of attention in the antitrust sphere, due to a number of recent concentration operations among large vertically related companies in the technology, media and telecom industries. While traditionally presumed as pro-competitive, vertical (...)

OECD The OECD holds a roundtable on the licensing of IP rights and competition law

6 June 2019 275

IP rights, which create temporary exclusive rights that protect investments in research and some creative activities, have taken on an increasingly prominent and extensive role in economic activity – and in market competition as well. As the economy digitalises and the importance of intangible (...)

OECD The OECD holds a roundtable on competition issues in labour markets

5 June 2019 145

A recent fall in the labour share of income has helped fuel rising inequality and populist demand for dramatic reform of competition law. While these pushes cannot find an immediate response in competition law enforcement, they have stirred a debate within the competition community on (...)

OECD The OECD holds a roundtable on the standard of review by courts in competition cases

4 June 2019 150

Review by the courts of the enforcement of competition law ensures that the enforcement process and decisions are lawful, the parties’ rights are observed and competition authorities’ discretion is defined. Parties should have access to impartial review of decisions by an independent (...)

OECD The OECD holds a roundtable on the publicly funded education markets

3 June 2019 84

Education services are fundamental for economic and social well-being. They not only directly boost public sector productivity, but also the productivity of workers across the economy by improving their skills, increasing their capacity to add value, and giving them the ability to adapt to new (...)

OECD The OECD holds a roundtable on competition law and state-owned enterprises

30 November 2018 80

Like private firms, State-owned enterprises (SOEs) might seek to maximise profit, even if they ultimately re-invest the surplus that they earn. Alternatively, their objective might be to expand their output, or they may have another goal. Regardless of their objectives, there remains a risk (...)

OECD The OECD holds a roundtable on the relation between gender and competition

29 November 2018 65

Competition policy usually thinks in terms of consumers and firms, government and regulators. Traditionally, consumers have been considered only by their willingness to pay, their (rational) preferences, their ability to substitute between products offered by firms. Meanwhile, firms are (...)

OECD The OECD holds a roundtable on the authorities’ investigative powers in practice

29 November 2018 187

Competition authorities assume a crucial and challenging mission: protecting competition in the markets. This mission requires intensive evidence and data gathering. To meet this end, competition authorities are armed with various investigative powers ranging from voluntary interviews to (...)

OECD The OECD holds a roundtable on gun jumping and suspensory effects of merger notifications

28 November 2018 83

When merging parties fail to notify a merger to the competition authority, implement all or parts of the merger during mandatory waiting periods or co-ordinate their competitive behaviour before closing, this is commonly called “gun jumping”. The topic has received a lot of attention (...)

OECD The OECD holds a roundtable on personalized pricing in the digital era

28 November 2018 200

As data analytics and pricing algorithms become common business practice in the digital era, there are growing concerns about the possibility that companies use such tools to engage in personalised pricing, a form of price discrimination that involves charging different prices to consumers (...)

OECD The OECD holds a roundtable on quality considerations in the zero-price economy

28 November 2018 126

Over the course of a single day, most consumers will come into contact with at least one product that is offered to them at a price of zero. Business models centred around the zero-price provision of products are not new. However, in the digital economy, new zero-price markets have arisen with (...)

OECD The OECD holds a roundtable on designing the publicly funded healthcare markets

26 November 2018 82

Many people depend on publicly funded healthcare to lead a productive, fulfilling, and satisfying life. While there is little guidance on where, or how, to introduce choice and competition in healthcare services, there has nevertheless been a steady movement towards the greater use of market (...)

OECD The OECD holds a roundtable on the treatment of legally privileged information in competition proceedings

26 November 2018 218

Most OECD jurisdictions protect the confidentiality of the relationship between a client and its attorney, and grant parties in competition proceedings the right to resist disclosure of protected information to public bodies and third parties. Legal professional privilege is a corollary of the (...)

OECD The OECD Competition Committee publishes background materials on excessive prices in pharmaceutical markets

3 October 2018 1513

There are strong arguments for not intervening against exploitative excessive pricing conducts, which have led to the development of stringent enforcement screens for the bringing of such cases. However, recent years have seen significant calls for intervention against high prices for (...)

OECD The OECD holds a roundtable on the benefits and challenges of regional competition agreements

29 September 2018 55

Regional competition agreements (RCAs) hold great potential for both developed and developing jurisdictions by promoting convergence in competition laws and instruments, ensuring effective and efficient cross-border enforcement, and/or by supporting young authorities in their efforts to create (...)

OECD The OECD holds a roundtable on market concentration

6 June 2018 216

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 (...)

OECD The OECD holds a roundtable on e-commerce

6 June 2018 654

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 (...)

OECD The OECD holds a roundtable on considering non-price effects in merger control

6 June 2018 456

1. Introduction 1. When firms compete, they make a range of decisions about the characteristics of their products. Consumers make purchasing decisions based on at least some of these characteristics, which determine the value they obtain from the product. Price is one such characteristic, (...)

OECD The OECD holds a roundtable on leniency programmes

5 June 2018 206

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 The OECD holds a roundtable on designing and testing effective consumer-facing remedies

5 June 2018 223

1. Introduction 1. The focus of the roundtable on effective consumer facing remedies is on how competition authorities and regulators can intervene in markets to make the demand-side work well, delivering benefits for consumers. It builds on work carried out by (...)

OECD The OECD holds a roundtable on taxi, ride-sourcing and ride-sharing services

30 April 2018 448

Introduction 1. Over the last 10 years, disruptive innovation in transportation radically changed the regulatory and competitive landscape, raising new questions for regulators and competition law enforcers. 2. Different services with different business models entered into the provision of (...)

OECD The OECD holds a roundtable on blockchain technology and competition policy

26 April 2018 379

1. Introduction 1. Blockchain is a general-purpose technology that threatens to disrupt markets and institutions across the world. Where the internet enabled the publishing and digital transfer of information, blockchain authenticates the ownership of assets, makes them unique, traceable, (...)

OECD The OECD holds a roundtable on competition issues in aftermarkets

23 June 2017 106

Aftermarkets are widespread across the economy. From a competition perspective, the manufacturer of the primary good is often a major supplier in the aftermarket and may enjoy market power in the secondary market, which raises questions as to whether antitrust intervention is warranted to (...)

OECD The OECD holds a roundtable on market study methodologies for competition authorities

20 June 2017 103

Executive Summary, by the Secretariat* Working Party No. 3 of the OECD Competition Committee held a Roundtable on the subject of Methodologies for conducting market studies on 20 June 2017. Based on the background paper prepared by the OECD Secretariat, written submissions from delegates, (...)

OECD The OECD holds a roundtable on radical innovation in the electricity sector

1 June 2017 84

Innovation in the electricity sector is beginning to challenge traditional business models of providing households with electricity. In June 2017 the OECD held a discussion to explore possible implications for competition agencies from innovations such as: Peer-to-Peer (P2P) electricity (...)

OECD The OECD holds a roundtable on rethinking the use of traditional antitrust enforcement tools in multi-sided markets

1 June 2017 136

A key challenge for competition agencies, particularly in digital markets, is the multi-sided nature of some of the markets that they analyse. In June 2017 the OECD held a hearing to look at an important question that competition agencies face: Are the tools traditionally used to define (...)

OECD The OECD holds a roundtable on algorithms and collusion

1 June 2017 147

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 (...)

OECD The OECD holds a session on promoting competition and protecting human rights

1 December 2016 279

The first session of the 2016 OECD Global Forum on Competition focused on "Promoting competition, protecting human rights" during its first session. Competition law enforcement depends on an effective system of human rights, most obviously the right to property, the right to contract and (...)

OECD The OECD holds a session on the role of market studies as a tool to promote competition

1 December 2016 70

Despite the fact that market studies are part of almost all work portfolios of Competition Agencies around the world, there are significant differences on their conception, goals and outcomes. The survey shows that market studies are at minimum, assessments of market structures and analysis of (...)

OECD The OECD holds a session on the Competition Authorities’s independence - from designs to practices

1 December 2016 108

Agency independence from political power is a key element of an effective competition regime. Competition authorities differ from each other and they operate in jurisdictions which often have significant legal, political and cultural differences. Thus, there is no one size-fit-for-all model (...)

OECD The OECD holds a roundtable on competition and sanctions in antitrust cases

1 December 2016 173

Competition authorities have imposed substantial fines for competition law violations over the last few decades. Several common steps are observed in setting fines: (i) determination of basic fine; (ii) adjustments (including aggravating and mitigating circumstances); (iii) comparisons to (...)

OECD The OECD holds a roundtable on agency decision-making in merger cases: prohibition and conditional clearances

29 November 2016 144

Executive Summary, by the Secretariat* Working Party No. 3 held a roundtable on 29 November 2016 on Agency Decision-Making in Merger Cases: From a Prohibition Decision to a Conditional Clearance. Considering the roundtable discussion, the delegates’ written contributions, presentations from (...)

OECD The OECD holds a roundtable on price discrimination

29 November 2016 339

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 The OECD holds a roundtable on big data

29 November 2016 397

Executive summary, by the Secretariat * The 126th meeting of the Competition Committee held a Hearing on 29 November 2016 to discuss Big Data and the challenges of adapting competition policy to the digital economy. Considering the background note prepared by the OECD Secretariat with the (...)

OECD The OECD holds a roundtable on competition and innovation in land transport

28 November 2016 130

Executive Summary, by the Secretariat* Considering the discussion at the roundtable held by Working Party No.2 on 28 November 2016, the delegates’ submissions, the panellists’ presentations and the Secretariat’s background paper, several points are noted: 1. As a result of regulatory and (...)

OECD The OECD holds a roundtable on geographic market definition across national borders

28 November 2016 125

Executive summary, by the Secretariat* Working Party No. 3 held a roundtable discussion on 28 November 2016 to discuss geographic market definition across national borders. Considering the roundtable discussion, the delegates’ written contributions, presentations from the expert panellists (...)

OECD The OECD holds a roundtable on fidelity rebates and competition

15 June 2016 232

Executive summary, by the Secretariat * From the discussion at the hearing, the delegates’ and experts’ written submissions, several key points emerged: 1. Fidelity rebates or loyalty discount schemes are widely used and are often beneficial for consumers. Rebates based on quantity, and in (...)

OECD The OECD holds a roundtable on commitment decisions in non-merger cases

15 June 2016 137

Executive summary, by the Secretariat* Considering the discussion at the roundtable on commitment decisions in non-merger cases, held by the Competition Committee on 17 June 2016, the Secretariat’s background paper, the delegates’ written submissions and presentations by the speakers, (...)

OECD The OECD holds a roundtable on public interest considerations in merger control

14 June 2016 137

Executive summary, by the Secretariat * Considering the discussion at the roundtable held by Working Party No. 3 on Co-operation and Enforcement on 14 June 2016, the delegates’ submissions, the panellists’ presentations and the Secretariat’s background paper, several points emerged: 1. (...)

OECD The OECD holds a roundtable on jurisdictional nexus in merger control regimes

14 June 2016 141

Executive summary, by the Secretariat * Considering the discussion at the roundtable held by Working Party No.3 on Co-operation and Enforcement on 15June 2016, the delegates’ submissions, the panellists’ presentations and the Secretariat’s background paper, several points are noted: 1. (...)

OECD The OECD holds a roundtable on disruptive innovations in legal services

13 June 2016 116

Executive summary, by the Secretariat * 1. The Roundtable on Disruptive Innovations in Legal Services discussed the way that current legal professional regulations are being (i) challenged by new innovations and (ii) potentially standing in the way of further innovation. The Chairman, (...)

OECD The OECD holds a roundtable on links and drivers between competition and employment

29 October 2015 85

Executive summary, by the Secretariat The OECD Secretary-General, Angel Gurría, opened the 14th Global Forum on Competition. Mr. Gurría emphasised the importance for policy makers of considering competition issues, including the impact of competition on employment, in light of the uncertain (...)

OECD The OECD holds a roundtable on the impact of disruptive innovations on competition law enforcement

29 October 2015 101

Executive summary, by the Secretariat * 1. The 14th meeting of the Global Forum on Competition held a roundtable discussion on 29 October 2015 to discuss the impact of disruptive innovations on competition law enforcement, so as to address three main topics: 1.The business strategy and (...)

OECD The OECD holds a roundtable on serial offenders: why some industries seem prone to endemic collusion

29 October 2015 52

This full-day session looked at some sectors where endemic collusion is found and at the extent to which recidivism varies across sectors. It focussed on the following sectors: chemicals; construction services, including public tenders; cement and concrete; and food products. Economic theory (...)

OECD The OECD holds a roundtable on competition and cross platform parity agreements

28 October 2015 132

Executive summary, by the Secretariat * From the discussion at the hearing, the delegates’ and experts’ written submissions, several key points have emerged: 1. There is increasing concern at online platforms using across platform parity agreements (APPAs) that prevent producers from (...)

OECD The OECD holds a roundtable on cartels involving intermediate goods

27 October 2015 126

Executive summary, by the Secretariat * Considering the discussion at the roundtable on “Cartels Involving Intermediate Goods”, held by Working Party No.3 on Co-operation and Enforcement on 27 October 2015, the Secretariat’s background paper and the delegates’ written submissions and (...)

OECD The OECD holds roundtable on competition and disruptive innovation in the financial markets

26 October 2015 120

Competition delegates held a hearing on disruptive innovation in financial markets on 26 October 2015. This hearing examined selected financial market innovations, with a particular view to enhancing competition authority awareness of new and developing competitive alternatives. It focused on: (...)

OECD The OECD holds a roundtable on competition issues in liner shipping

19 June 2015 113

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) Since its inception, the ocean liner shipping industry has been governed by the so-called (...)

OECD The OECD holds a roundtable on competition and the use of tenders and auctions

19 June 2015 83

Executive summary, by the Secretariat * From the discussion at the two Hearings held by WP2 in December 2014 and June 2015, the Issues Notes, the delegates’ submissions and invited presentations and papers, the following points emerge: (1) Competition is indispensable to a well-functioning (...)

OECD The OECD holds a roundtable on competitive neutrality in competition policy

16 June 2015 101

Executive summary, by the Secretariat Considering the roundtable discussion, the delegates’ written contributions and the Secretariat paper, the following key points emerge: 1. Competitive neutrality is important to effective competition policy and vice versa. As governments strengthening (...)

OECD The OECD holds a roundtable on changes in institutional design of competition authorities

16 June 2015 84

Institutional design is a critical component of competition law and policy. Good competition laws on the books are meaningless without well-designed institutions to enforce them. At the same time, many different models exist and working out the optimal institutional design is complex since (...)

OECD The OECD holds roundtable on disruptive innovations and their effect on competition

16 June 2015 130

Executive summary, by the Secretariat On 16 June 2015, the OECD Competition Committee held a Hearing on Disruptive Innovation (“Hearing”). The purpose of the Hearing was to discuss competition policy responses to new technologies or business models that have the potential of profoundly (...)

OECD The OECD holds a roundtable on oligopoly markets

16 June 2015 80

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 The OECD holds a roundtable on public and private antitrust enforcement in competition

15 June 2015 76

Executive summary, by the Secretariat * Considering the discussion at the roundtable held by Working Party No.3 on Co-operation and Enforcement on 15 June 2015, the delegates’ submissions, the panellists’ presentations and the Secretariat’s background paper, several points are noted: (1) (...)

OECD The OECD holds a roundtable on competition and the use of markers in leniency programmes

16 December 2014 106

Executive summary, by the Secretariat * From the background paper, the country contributions and the roundtable discussion on the Use of Markers in Leniency Programmes, the following points emerge: (1) There is a general consensus that leniency programmes play a crucial role in ensuring (...)

OECD The OECD produces a factsheet on competition and macroeconomic outcomes factsheet

1 October 2014 63

When customers can choose between different providers, they benefit and so does the economy as a whole. Customer’s abilityto choose forces firms to compete with one another which leads to increased productivity, more innovation and economic growth. However, it can be challenging to measure (...)

OECD The OECD holds a roundtable on competition, intellectual property and standard setting

18 June 2014 161

Executive summary, by the Secretariat * Considering the discussion at the hearing, the background paper and the delegates’ and experts’ written submissions, several key points emerge: (1) The existence of standards has encouraged ICT innovation and fast and continuing penetration of ICT (...)

OECD The OECD holds a roundtable on generic pharmaceuticals and competition

18 June 2014 170

Executive summary, by the Secretariat* Considering the roundtable discussion and the delegates’ written contributions, the following key points emerge: (1) The existence of originator drugs and innovation by originator companies is vital to develop new treatments against different (...)

OECD The OECD holds a roundtable on airline competition

18 June 2014 94

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. (...)

OECD The OECD holds a roundtable on enhanced enforcement co-operation

17 June 2014 99

International co-operation is a core part of the competition-related work at the OECD. The OECD Competition Committee is at the forefront in shaping of new and more effective forms of co-operation to the benefit of enforcers and business. In line with the OECD project on international (...)

OECD The OECD holds a roundtable on the financing of the roll-out of broadband networks

16 June 2014 111

Executive summary, by the Secretariat * 1. Considering the discussion at the roundtable and delegates’ written submissions, several key points emerge: (1) Nationwide broadband coverage is considered essential for the economic and social development of a country. Ubiquitous access to (...)

OECD The OECD holds a roundtable on competition issues in public-private partnerships

16 June 2014 69

In the last twenty years a number of developed and developing countries around the world have used public-private partnerships in a variety of sectors, ranging from transport and utility infrastructures (e.g. bridges, roads), to social infrastructures (e.g. schools, hospitals and prisons). A (...)

OECD The OECD holds a roundtable on competition issues in the distribution of pharmaceuticals

27 February 2014 120

Executive summary, by the Secretariat * From the discussion at the roundtable, the delegates’ submissions and the invited presentations and papers, the following points have emerged: (1) Regulatory needs and competition concerns in the market for the distribution of pharmaceuticals are (...)

OECD The OECD holds a roundtable on fighting corruption and promoting competition

27 February 2014 116

Executive summary, by the Secretariat * The 13th edition of the Global Forum on Competition held a roundtable discussion on 27 February 2014 to discuss the fight against corruption and the promotion of competition so as to address five main questions: The relationship between competition and (...)

OECD The OECD holds a roundtable on the role of competition in the financial consumer protection sector

26 February 2014 98

Nationally and internationally competitive markets should be promoted in order to provide consumers with greater choice amongst financial services. Competitive pressure is needed to encourage providers to offer competitive products, enhance innovation, and maintain high service quality. (...)

OECD The OECD holds a roundtable on investigations of consummated and non-notifiable mergers

25 February 2014 108

Executive summary, by the Secretariat * Considering the discussion at the roundtable, the Note by the Secretariat as well as the delegates’ written submissions, several key points emerge: (1) Competition authorities follow different approaches to the review of consummated and non- (...)

OECD The OECD holds a roundtable on evaluation of competitive impacts of government interventions

24 February 2014 64

Competition delegates held a Hearing on the Evaluation of competitive impacts of government interventions in February 2014. Methods for evaluation have been illustrated with respect to specific policy interventions. The evaluations concerned lifting or imposing restrictions, but would not (...)

OECD The OECD holds a roundtable on competition issues in waste management

1 October 2013 90

Technological and policy changes have altered the economics of waste collection and treatment. Landfills are further away from cities and larger. More waste is diverted towards treatments that allow to re-use it, recycle it, or to recover energy from it. Secondary raw materials derived from (...)

OECD The OECD holds a roundtable on ex-officio cartel investigations and the use of screens to detect cartels

1 October 2013 63

Fighting cartels remains a top priority for competition authorities since cartels are secretive in nature and cartelists take good care in concealing their illegal activities. Cartel enforcement can therefore be extremely challenging for competition authorities who most of the times can only (...)

OECD The OECD holds a roundtable on competition issues in the food chain ndustry

1 October 2013 84

Food processing and retail chains often give rise to competition issues especially due to recent trends of high and volatile commodity prices. The role of anti-trust authorities in addressing competition in the food sector is no different: dealing with anti-competitive mergers, abuse of (...)

OECD The OECD holds a roundtable on remedies in cross-border merger cases

1 October 2013 117

Executive summary, by the Secretariat * Considering the discussion at the roundtable, the Note by the Secretariat as well as the delegates’ written submissions, several key points emerge: (1) Cross-border mergers raise specific challenges for competition authorities reviewing the (...)

OECD The OECD holds a roundtable on the definition of a transaction for merger control review

1 October 2013 81

This topic was suggested as a follow-up discussion to the Competition Committee Report to the OECD Council on the experiences of member countries under the 2005 OECD Recommendation on Merger Review. The 2005 Recommendation provides that a merger regime’s jurisdictional thresholds should be (...)

OECD The OECD holds a roundtable on vertical restraints for online sales

12 September 2013 182

Executive summary, by the Secretariat In light of the written submissions and the oral discussion, the following points emerge: (1) The developments of e-commerce have impacted the way competition works and the type of competition concerns that may arise. The literature on e-commerce has (...)

OECD The OECD holds a roundtable on competition and behavioural economics

13 June 2013 61

Executive summary, by the Secretariat The summary of the Hearing is based mainly on the submissions, presentations and interventions of three expert panellists: Xavier Gabaix (New York University), Steffen Huck (University College London), and Maurice Stucke (the University of Tennessee). (...)

OECD The OECD holds a roundtable on recent developments in rail transportation services

1 June 2013 83

Executive summary, by the Secretariat * From the discussion at the roundtable, the delegates’ submissions and invited presentations and papers, several points emerge: (1) Most developments in OECD railway sector reform since 2005 have concerned the ongoing opening-up of rail services to (...)

OECD The OECD holds a roundtable on competition in road fuel

1 June 2013 79

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 The OECD holds a roundtable on role and measurement of quality in competition analysis

1 June 2013 90

Executive summary, by the Secretariat * (1) The level of quality that a product offers to consumers is a fundamental aspect of competition in many markets. Quality represents perhaps the key non-price consideration that determines whether consumers will purchase a product. Moreover, quality (...)

OECD The OECD holds a roundtable on competition issues in television and broadcasting

28 February 2013 92

Executive summary, by the Secretariat * Considering the discussion at the roundtable, the background paper as well as the delegates’ and experts’ written submissions, several key points emerge: 1. The television and broadcasting sector has been undergoing significant technological and (...)

OECD The OECD holds a roundtable competition and poverty reduction

28 February 2013 115

Executive summary, by the Secretariat * 1. Considering the discussion at the Forum, the delegates’ written submissions, and the Secretariat’s background paper, several key points emerge: 1. Poverty is multidimensional, not defined solely by incomes below an arbitrary level 2. Simple (...)

OECD The OECD holds a roundtable on methods for allocating contracts for the provision of regional and local transportation services

1 February 2013 68

Executive summary, by the Secretariat * Considering the discussion at the roundtable, the delegates’ submissions, as well as the panellists’ presentations and papers, several points emerge: (1) Restrictions on the number of licences in taxi markets are a key impediment to competition and (...)

OECD The OECD holds a roundtable on competition and payment systems

1 October 2012 124

In light of the written submissions and the oral discussion, the following points emerge: (1) An aim of competition enforcement is to identify, stop and deter anti-competitive arrangements and behaviour by market participants, particularly when it has a direct impact on consumer welfare. In (...)

OECD The OECD holds a roundtable on leniency for subsequent applicants

1 October 2012 84

Executive summary, by the Secretariat From the background paper, the country contributions and the discussion at the roundtable on leniency for subsequent applicants, the following points emerge: (1) Competition authorities widely rely on leniency policies to detect, investigate and (...)

OECD The OECD holds a roundtable on the role of efficiency claims in antitrust proceedings

1 October 2012 88

Executive summary, by the Secretariat Several key points emerge from the discussion at the roundtable, the background paper and the delegates‘ and experts‘ written submissions: (1) Welfare economics points to various sources of efficiency gains. The conflict between allocative vs. (...)

OECD The OECD holds roundtable on digital economy

1 February 2012 101

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 The OECD holds a roundtable on competition and commodity price volatility

1 February 2012 72

Executive summary, by the Secretariat Considering the background papers, discussion by delegates and expert panellists at the Global Forum and countries’ written submissions, several key points emerge: (1) Primary commodity prices are inherently volatile and the current and recent episode (...)

OECD The OECD holds a roundtable on market definition

1 February 2012 82

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 The OECD holds a roundtable on unilateral disclosure of information with anticompetitive effects

1 February 2012 84

Executive summary, by the Secretariat From the Secretariat background paper and the discussion at the roundtable on unilateral disclosure of information with anticompetitive effects, the following points emerge: (1) Greater transparency in the market is generally efficiency enhancing and, (...)

OECD The OECD holds a roundtable on improving international co-operation in cartel investigations

1 February 2012 65

Executive summary, by the Secretariat From the background paper and the discussion at the roundtable on improving international co- operation in cartel investigations, the following points emerge: (1) The globalisation of business means cartel activity is increasingly international in (...)

OECD The OECD holds a roundtable on competition in hospitals services

1 February 2012 64

Concerns about increasing healthcare expenditures are a major motivation for introducing competition in hospital services. While competition on quality can lead to better outcomes, competition on prices has uncertain results. An active governmental role is key in ensuring quality provision and (...)

OECD The OECD holds a roundtable on procedural fairness: competition authorities, courts and recent developments

1 October 2011 75

Executive summary, by the Secretariat (1) National courts play a significant role within the process of competition law enforcement. The precise responsibilities of courts vary from jurisdiction to jurisdiction. Within certain systems, the competition authority brings enforcement actions (...)

OECD The OECD holds a roundtable on excessive prices

1 October 2011 158

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 (...)

OECD The OECD holds a roundtable on impact evaluation of merger decisions

1 June 2011 86

Executive summary, by the Secretariat Considering the discussion at the roundtable as well as the delegates’ and panellists’ written submissions, several key points emerge: (1) Ex post evaluations of merger decisions can help to assess whether the conclusions in a specific merger decision (...)

OECD The OECD holds a roundtable on promoting compliance with competition law

1 June 2011 58

Over the past 20 years, courts and competition authorities have imposed fines and, in some jurisdictions, imprisonment with sharply increasing severity, yet there does not seem to be solid evidence that anti-competitive conduct – particularly cartel conduct – is declining in response. Then (...)

OECD The OECD holds a roundtable on remedies in merger cases

1 June 2011 71

Executive summary, by the Secretariat From the issues paper and the discussion at the roundtable on remedies in merger cases, the following points emerge: (1) Competition agencies use remedies in merger cases to eliminate any competitive harm that may result as a consequence of a merger. (...)

OECD The OECD holds a roundtable on competition in ports and port services

1 June 2011 99

Ports, whether maritime, inland or river ports, are important pieces of infrastructure that serve a wide range of customers including freight shippers, ferry operators and private boats. One of the main functions of ports is facilitating the domestic and international trade of goods, often on (...)

OECD The OECD holds a roundtable on quantification of harm to competition by national courts and competition agencies

1 February 2011 86

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) Quantifying harm to society and/or consumers resulting from anti-competitive conduct and quantifying (...)

OECD The OECD holds a roundtable one economic evidence in merger analysis

1 February 2011 58

Executive summary, by the Secretariat (1) Economic evidence should be based on clear economic theory, and should be transparent, replicable and intuitive to allow non-economists to fully understand the analysis. In order to help companies involved in competition cases to achieve this, a (...)

OECD The OECD holds a roundtable on cross-border merger control and the challenges for developing and emerging economies

1 February 2011 165

Effective merger control of cross-border mergers requires that the countries involved have effective merger control regimes. However, this may be a challenging task in many developing and emerging economies (DEEs) given the complexities of enforcing competition law in these economies. In (...)

OECD The OECD holds a roundtable on the regulated conduct defence

1 February 2011 79

The regulated conduct defence allows antitrust immunity where conduct is required by federal or state regulation. The regulated conduct defence is important to ensure that the state can exercise its sovereign power to apply regulation that it deems justified for economic and/or social reasons (...)

OECD The OECD holds a roundtable on crisis cartels

1 February 2011 147

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 The OECD holds a roundtable on horizontal agreements in the environmental context

1 October 2010 131

Executive summary, by the Secretariat Considering the discussion at the roundtable and the written submissions, several key points emerge: (1) When examining an agreement among competitors that pursues environmental policy goals, most competition authorities will apply the generally (...)

OECD The OECD holds a roundtable on information exchanges between competitors under competition law

1 October 2010 246

Information exchanges among competitors increase transparency in the market, which can lead to efficiency enhancing benefits but may also present competition risks. The challenge for competition enforcers is how to approach this conduct within the context of traditional competition laws. The (...)

OECD The OECD holds a roundtable on pro-active policies for green growth and the market economy

1 October 2010 98

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) Various forms of market-based environmental policies, including taxes and fees, subsidies, and (...)

OECD The OECD holds a roundtable on arbitration and competition

1 October 2010 106

The use of alternative dispute resolution mechanisms, including arbitration and mediation, to resolve commercial disputes with a competition component has increased exponentially in recent years. This interplay between arbitration and competition law has stimulated a lively debate amongst (...)

OECD The OECD holds a roundtable on emission permits and competition

1 October 2010 77

Tradeable emission permits are considered an efficient instrument for achieving a given emission target at lowest possible economic cost. Tradeable permit schemes, also called cap and trade schemes, have become major pollution control instruments. They have been implemented at a national level (...)

OECD The OECD holds a roundtable on standard setting for patent regulation

1 June 2010 133

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 The OECD holds a roundtable on competition and credit rating agencies

1 June 2010 67

Credit ratings provide an opinion on the relative ability and willingness of parties with debt obligations to meet financial commitments. They have three functions; to measure the credit risk of the issuer, to provide a means of comparison and to provide a common standard. The credit rating (...)

OECD The OECD holds a roundtable on exit strategies

1 June 2010 67

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 and credit rating, not inadequate (...)

OECD The OECD holds a roundtable on competition and corporate governance

17 February 2010 69

It is an open question whether competition and corporate governance policies are complements or substitutes, so the Committee held this hearing to gain a better understanding of the interface between the two policies. The delegates discussed conflicts of interest between shareholders and (...)

OECD The OECD holds a roundtable on procedural fairness: issues in civil and administrative enforcement proceedings

1 February 2010 127

The roundtable discussion highlighted the importance of transparency and procedural fairness for the parties involved in competition proceedings, as well as for efficient and effective case management by the competition authority. Delegates observed that an established and predictable (...)

OECD The OECD holds a roundtable on electricity: renewables and smart grids

1 February 2010 52

Increasingly, governments are adopting targets for the share of electricity that would be generated by renewable sources, such as wind or solar power. The increasing output of renewable energy poses challenges for the electricity supply network, such as how to upgrade and reinforce the main (...)

OECD The OECD holds a roundtable on competition, concentration and stability in the banking sector

1 February 2010 100

(1) Measuring competition in financial markets is complex due to their peculiar features, such as switching costs. Concentration, among other structural indicators, is not a good proxy for competition. Although antitrust authorities use measures of market concentration, such as market shares (...)

OECD The OECD holds a roundtable on competition, State aids and subsidies

1 February 2010 100

Executive summary, by the Secretariat From the background paper, country contributions and the discussion at the roundtable held at the 2010 Global Forum on Competition, the following key points emerge on Competition policy, State Aids and Subsidies. (1) State aids and subsidies represent (...)

OECD The OECD holds a roundtable on collusion and corruption in public procurement

1 February 2010 92

Collusion and corruption are distinct problems within public procurement, yet they may frequently occur in tandem, and have mutually reinforcing effect. They are best viewed, therefore, as concomitant threats to the integrity of public procurement. The distinctiveness of public procurement and (...)

OECD The OECD holds a roundtable on state-owned enterprises and the principle of competitive neutrality

1 October 2009 70

Due to their privileged position SOEs may negatively affect competition and it is therefore important to ensure that, to the greatest extent possible consistent with their public service responsibilities, they are subject to similar competition disciplines as private enterprises. Although (...)

OECD The OECD holds a roundtable on generic pharmaceuticals

1 October 2009 339

Executive summary, by the Secretariat (1) Competition from generic drugs is a desirable policy objective as it typically brings substantial savings to pharmaceutical buyers. However, it should be balanced against the incentives brand manufacturers need to invest in developing innovative new (...)

OECD The OECD holds a roundtable on margin squeeze

1 October 2009 125

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 The OECD holds a roundtable on the failing firm defence

1 October 2009 70

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. (...)

OECD The Organisation for Economic Co-operation and Development holds a roundtable on standard for merger review

1 October 2009 82

Executive summary, by the Secretariat From the country submissions, the Secretariat Issues Paper, and the discussion at the roundtable in June 2009, the following points emerge: (1) Most competition authorities rely on one of two main tests applied to assess whether a merger has (...)

OECD The OECD holds a second roundtable on competition, patents and innovation

1 June 2009 145

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) There has been a significant increase in the number and complexity of patent applications filed in (...)

OECD The OECD holds a roundtable on two-sided markets

1 June 2009 196

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 (...)

OECD The OECD holds a roundtable on competition and financial markets

17 February 2009 99

Competition issues in the financial sector (1) The financial sector is at the heart of every well-functioning market economy but it is also vulnerable to systemic loss of trust. The financial sector is special. Banks perform intermediation functions that are critical to the real economy. (...)

OECD The OECD holds a roundtable on competition policy, industrial policy and national champions

1 February 2009 199

It is often said that competition policy protects competition, not indidual competitiors. Policies that support this concept promote consumer welfare, choice and efficiency. How sharply does industrial policy conflict with this ? Industrial policy creates or favours national champions ; yet it (...)

OECD The OECD holds a roundtable on competition policy and the informal economy

1 February 2009 57

Different definitions have been employed in order to capture different aspects of the informal economy. It often comprises a substantial share of GDP in many developing countries. Many researchers are concerned that informal firms negatively impact an economy because they are typically less (...)

OECD The OECD holds a roundtable on competition and regulation in auditing and related professions

1 January 2009 78

In light of the written submissions, the background note and the oral discussion, the following points emerge: (1) Market developments In the late 1980s there were eight major accounting firms that provided few services other than auditing. Since 2003 there have been only four firms that (...)

OECD The OECD holds a roundtable on monopsony and buyer power

1 October 2008 81

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. (...)

OECD The OECD holds a roundtable on experience with direct settlements in cartel cases

1 October 2008 52

Executive summary, by the Secretariat Considering the discussion at the roundtable and the member country submissions, a number of key points emerge: (1) There is great interest in settlements of cartel cases; many jurisdictions are currently experimenting with slightly different versions (...)

OECD The OECD holds a roundtable on resale price maintenance

1 October 2008 75

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 (...)

OECD The OECD holds a roundtable on competition policy for vertical relations in gasoline retailing

1 October 2008 51

Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegates’ submissions, and the background paper, several key points emerge. (1) Distribution and retailing in the gasoline industry operate under a wide variety of vertical relationships with refiners, (...)

OECD The OECD holds a roundtable on fidelity and bundled rebates and discounts

10 June 2008 168

Executive summary, by the Secretariat From the issues paper, the country submissions, and the discussion at the roundtable on 10 June 2008, the following points emerge: (1) In a “bundled” discount, a combination of products is offered at a lower price than the sum of the prices of the (...)

OECD The OECD holds a roundtable on the construction industry

1 June 2008 55

Executive summary, by the Secretariat Considering the roundtable discussion, the delegates’ written submissions and the issues paper, several key points emerge: (1) The construction industry is a vital component of every OECD economy. The construction sector is responsible for building new (...)

OECD The OECD holds a roundtable on market studies

1 June 2008 58

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 (...)

OECD The OECD holds a roundtable on presenting complex economic theories to judges

1 February 2008 89

Executive summary, by the Secretariat Considering the discussion at the roundtable and the member submissions, a number of key points emerge: (1) Modern antitrust enforcement should be based on a clear and objective assessment of effects as identified or measured by sound economic (...)

OECD The OECD holds a roundtable on minority shareholdings and interlocking directorates

1 February 2008 85

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) Minority shareholdings and interlocking directorates can have negative effects on competition, either by reducing (...)

OECD The OECD holds a roundtable on land use restrictions as barriers to entry

1 February 2008 91

Executive summary, by the Secretariat (1) Market impacts of land use restrictions Land use restrictions can serve legitimate purposes, but also prevent entry and raise costs. Land use restrictions govern how land can be used and how uses can be changed. Land use restrictions are (...)

OECD The OECD holds a roundtable on the interface between competition and consumer policies

1 February 2008 77

Executive summary, by the Secretariat In the Seventh Global Forum on Competition a roundtable discussion was held on the interaction between competition policy and consumer protection policy. There were two main topics in the discussion, one focusing on substance ñ how the two policies share (...)

OECD The OECD holds a roundtable on refusals to deal

1 October 2007 90

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 (...)

OECD The OECD holds a roundtable on managing complex mergers

1 October 2007 40

Executive summary, by the Secretariat Considering the discussion at the roundtable and the member country submissions a number of key points emerge: (1) The assessment of mergers has become increasingly complex, as agencies confront challenging analytical issues, complex contractual (...)

OECD The OECD holds a roundtable on trade associations

1 October 2007 86

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 The OECD holds a roundtable on taxi services regulation and competition

1 October 2007 66

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In light of the written submissions, the background note and the oral discussion, the following points emerge: (1) Restricting the number of (...)

OECD The OECD holds a roundtable on facilitating practices in oligopolies

1 October 2007 78

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 and the written submissions, several key points emerge: 1) The concept of “facilitating practices” (...)

OECD The OECD holds a roundtable on guidance to business on monopolisation and abuse of dominance

1 June 2007 58

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat (1) In complex areas of law, such as the antitrust laws on unilateral conduct, some uncertainty is inevitable. Uncertainty, however, can be costly (...)

OECD The OECD holds a roundtable on dynamic efficiencies in merger analysis

1 June 2007 73

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 (...)

OECD The OECD holds a roundtable on competitive restrictions in legal professions

1 June 2007 74

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In the light of written submissions, the background note and the oral discussion, the following points emerge: (1) Regulation of the legal (...)

OECD The OECD holds a roundtable on public procurement

1 June 2007 78

OECD The OECD holds a roundtable on energy security and competition policy

1 February 2007 73

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 submissions and the background paper, several key points emerge. (1) Nations differ (...)

OECD The OECD holds a roundtable on vertical mergers

1 February 2007 79

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 (...)

OECD The OECD holds a roundtable on improving competition in real estate transactions

1 February 2007 112

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In light of written submissions, the background note and the oral discussion, the following points emerge: 1. Direct consumer-to-consumer home (...)

OECD The OECD holds a roundtable on plea bargaining/settlement of cartel cases

1 October 2006 110

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat (1) Plea agreements or negotiated settlements can be an efficient way to formally dispose of cartel cases. They can provide substantial benefits (...)

OECD The OECD holds a roundtable on competition, patents and innovation

1 October 2006 139

Executive summary, by the Secretariat Considering the discussion at the round table, the delegates’ written submissions and the Secretariat’s background paper, several key points emerge: (1) The pressure of competition can spur innovation, and so can the promise of exclusive intellectual (...)

OECD The OECD holds a roundtable on competition and regulation in retail banking

1 October 2006 168

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

OECD The OECD holds a roundtable on competition in bidding markets

1 October 2006 74

Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegates’ submissions and the background paper, several key points emerge: Merger analysis in bidding markets (1) The term "bidding market" does not contribute to understanding competition in a market. (...)

OECD The OECD holds a roundtable on evidentiary issues in proving dominance

1 June 2006 76

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat (1) Different jurisdictions use different definitions and tests to identify firms that are subject to single firm conduct provisions. Overall, (...)

OECD The OECD holds a roundtable on Private Remedies

1 June 2006 76

Executive summary, by the Secretariat General Policies and Principles The first roundtable addressed a broad range of principles and policies concerning private competition law enforcement, including the desirability of private enforcement in general, policy goals it should pursue, and the (...)

OECD The OECD holds a roundtable on competition and efficient usage of payment cards

1 June 2006 79

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat 1. In light of the written submission, the background note and the oral discussion, the following points emerge: 1. Non-cash payment systems (...)

OECD The OECD holds a roundtable on remedies and sanctions in abuse of dominance cases

1 June 2006 77

Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegatesí written submissions and the Secretariat’s background paper, several key points emerge: (1) There is an important difference between" remedies" and "sanctions." Remedies cure, correct, or (...)

OECD The OECD holds a roundtable on environmental regulation and competition

1 June 2006 125

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion that took place at the roundtable, the delegatesí submissionsí and the background papers, several key points emerged. (...)

OECD The OECD holds a roundtable on concessions

1 February 2006 79

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 (...)

OECD The OECD holds a roundtable on access to key transport facilities

1 February 2006 74

Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegatesí submissions and the background paper, several key points emerge. (1) New entrants in transportation markets often require access to key infrastructure. Public policies about infrastructure (...)

OECD The OECD holds a roundtable on prosecuting cartels without direct evidence

1 February 2006 132

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 (...)

OECD The OECD holds a roundtable on competition in the provision of hospital services

1 October 2005 52

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In the light of the written submissions, the background note and the oral discussion, the following points emerge: Role of Rivalry for Provision (...)

OECD The OECD holds a roundtable on barriers to entry

1 October 2005 70

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 The OECD holds a roundtable on resale below cost

1 October 2005 55

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 The OECD holds a roundtable on evaluation of the actions and resources of competition authorities

1 June 2005 66

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note In an increasing number of jurisdictions, public bodies are initiating projects to evaluate the effects of competition policy programs or to analyse the efficiency of competition agency (...)

OECD The OECD holds a roundtable on competition on the merits

1 June 2005 88

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 (...)

OECD The OECD holds a roundtable on the impact of substitute services on regulation

1 May 2005 55

OECD The OECD holds a roundtable on the impact of substitute services on regulation

1 May 2005 58

OECD The OECD holds a roundtable on structural reform in the rail industry

1 February 2005 109

Over the last 25 years the rail sector in virtually all OECD countries has undergone significant reform. These reforms were usually driven by inefficiency and poor performance within the rail sector and long-term loss of market share to other transport modes. The appropriate role for (...)

OECD The OECD holds a roundtable on predatory foreclosure

1 October 2004 86

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 (...)

OECD The OECD holds a roundtable on enhancing beneficial competition in the health professions

1 October 2004 62

OECD The OECD holds a roundtable on competition and regulation in agriculture: monopsony buying and joint selling

1 June 2004 92

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In the light of the written submission, the background note and the oral discussion, the following points emerge: Joint activity by agro-food (...)

OECD The OECD holds a roundtable on intellectual property rights

1 June 2004 73

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) Competition (...)

OECD The OECD holds a roundtable on regulating market activities by the public sector

1 June 2004 73

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 contributions and the background paper, a number of key points emerge: (1) There are (...)

OECD The OECD holds a roundtable on competition and regulation in the water sector

1 February 2004 87

OECD The OECD holds a roundtable on cartel sanctions against individuals

1 October 2003 62

OECD The OECD holds a roundtable on merger remedies

1 October 2003 105

OECD The OECD holds a roundtable on universal service obligations

1 October 2003 62

OECD The OECD holds a roundtable on media mergers

1 May 2003 106

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 definition in media markets is a particularly difficult and time consuming exercise. Nevertheless, market (...)

OECD The OECD holds a roundtable on competition policy in the electricity sector

1 October 2002 61

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Electricity markets are prone to the exercise of market power due to a combination of factors including: inelastic demand, lack of extensive practical storage of electricity, (...)

OECD The OECD holds a roundtable on substantive criteria used for the assessment of mergers

1 October 2002 60

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, all of which focused heavily on comparing the (...)

OECD The OECD holds a roundtable on communication by competition authorities

1 October 2002 93

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Competition authorities devote substantial resources to communication using a variety of means to reach different target audiences (i.e. the business community, lawyers, public policy (...)

OECD The OECD holds a roundtable on loyalty and fidelity discounts and rebates

1 June 2002 89

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) Fidelity (...)

OECD The Organisation for Economic Co-operation and Development holds a roundtable on merger review in emerging high innovation markets

1 June 2002 118

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 written submissions and the Secretariat’s issues paper, a number of key points emerge: (1) In (...)

OECD The OECD holds a roundtable on competition and regulation issues in telecommunications

1 October 2001 71

OECD The Organisation for Economic Co-operation and Development holds a roundtable on portfolio effects in conglomerate mergers

1 October 2001 96

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) Portfolio (...)

OECD The OECD holds roundtable on price transparency

1 June 2001 83

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 (...)

OECD The OECD holds a roundtable on competition policy in subsidies and state aid

1 February 2001 71

OECD The OECD holds a roundtable on competition issues in road transport

1 October 2000 104

OECD The OECD holds roundtable on competition issues in electronic commerce

1 October 2000 95

Executive summary, by the Secretariat Electronic commerce ("e-commerce") can be defined as business occurring over networks using non-proprietary protocols established through an open standard setting process. Internet mediated e- commerce is the fastest growing part of the phenomenon and (...)

OECD The OECD holds a roundtable on competition issues in joint ventures

1 October 2000 84

Executive summary, by the Secretariat Considering the discussion at the roundtable, the delegate submissions, and the issues paper, a number of key points emerge. (1) The incidence of joint ventures is increasing especially in sectors where innovation costs and, or competition are (...)

OECD The OECD holds a roundtable on competition and regulation issues in the pharmaceutical industry

1 June 2000 185

Executive summary, by the Secretariat In the light of the written submissions, the background note and the oral discussion, the following points emerge: (1) The pharmaceutical sector is a high-technology and knowledge-intensive industry. The industry has a two-tier structure. The largest (...)

OECD The OECD holds a roundtable on mergers in financial services

1 June 2000 79

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: (1) In many (...)

OECD The OECD holds a roundtable on promoting competition in the natural gas industry

1 February 2000 51

Executive summary, by the Secretariat In the light of the written submissions, the background note and the oral discussion, the following points emerge: (1) Demand for natural gas stems primarily from its use as a source of energy, particularly in the provision of heating and in the (...)

OECD The OECD holds a roundtable on competition in local services: solid waste management

1 October 1999 77

Many natural monopolies are the responsibility of local or municipal governments. Do they have incentives to ensure competition and efficiency in the provision of services under their authority? The answer may depend on central-local government relations and factors such as the size of (...)

OECD The OECD holds a roundtable on airline mergers and alliances

1 October 1999 109

OECD The OECD holds a roundtable on competition in professional services

1 June 1999 61

OECD The OECD holds a roundtable on oligopoly

1 May 1999 59

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 The OECD holds a roundtable on promoting competition in postal services

1 February 1999 81

OECD The OECD holds a roundtable on buying power of multiproduct retailers

1 October 1998 65

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 background paper, and delegate submissions, the following key points emerge: (1) The last (...)

OECD The OECD holds a roundtable on competition and regulation in broadcasting in the light of convergence

1 October 1998 59

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Digitalisation of information content and communication channels is bringing countries closer to the point where any information or entertainment content can be delivered down any (...)

OECD The OECD holds a roundtable on relations between regulators and competition authorities

1 June 1998 73

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In the light of the written submissions, the background note and the discussion, the following points emerge: (1) A large and growing number of (...)

OECD The OECD holds a roundtable on competition policy and procurement markets

1 June 1998 72

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat In the light of the background paper, the country submissions and the oral discussion the following points emerge: (1) Procurement - the (...)

OECD The OECD holds a roundtable on competition and related regulation issues in the insurance industry

1 June 1998 52

OECD The OECD holds a roundtable on enhancing the role of competition in the regulation of banks

1 February 1998 85

In the light of the country submissions and the oral discussion, the following points emerge: (1) The last two decades have witnessed a significant change in banking regulation. On the one hand, there has been a substantial relaxation in certain regulations such as direct controls on (...)

OECD The OECD holds a roundtable on competition policy and intellectual property rights

1 October 1997 85

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 background paper, and papers by panellists and delegates, the following key points emerge: (1) (...)

OECD The OECD holds a roundtable on railways: structure, regulation and competition policy

1 October 1997 99

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note The 1997 examination of the railway sectors of OECD countries raised classic issues of regulation and competition, including definition of the market, scope of the natural monopoly, (...)

OECD The OECD holds a roundtable on competition policy and international airport services

1 June 1997 54

Executive summary, by the Secretariat Looking back over the discussion and the country submissions, the following points emerge: (1) Regulatory concern over airports (and therefore of slots) stems from a lack of inter-airport competition at many major cities. Restrictions on inter-airport (...)

OECD The OECD holds a roundtable on resale price maintenance

1 February 1997 85

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Resale price maintenance (RPM) specifies the final price that retailers charge consumers. This roundtable focused on the use of RPM for books, newspapers and similar cultural products. (...)

OECD The OECD holds a roundtable on judicial enforcement of competition law

1 October 1996 72

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Introduction An effective competition policy is a necessary element in the efficient operation of market economies, and the significance of (...)

OECD The OECD holds a roundtable on application of competition policy to the electricity sector

1 October 1996 46

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Liberalisation of this sector, underway in many Member countries, can have significant effects and can benefit consumers. Country contributions addressed several questions. Is structural (...)

OECD The OECD holds a roundtable on competition issues related to sports

1 October 1996 136

Satellite television with dedicated sports channels considerably increased the market for sports broadcasts. Sports bodies and event organisers perceive that they have market power to influence competition among TV channels and the market for sports equipment. Sports federations and leagues (...)

OECD The OECD holds a roundtable on general cartel bans: criteria for exemption for small and medium-sized enterprises

1 April 1996 70

The Roundtable debated conditions for exempting horizontal co-operation among small and medium-sized enterprises (SMEs) from general prohibitions against cartels. In a number of countries, either a legal provision exempts agreements between SMEs or such agreements are allowed under a de (...)

OECD The OECD holds a roundtable on application of competition policy to high tech markets

1 April 1996 66

Key documents: Background note Technological innovation has significant welfare implications. Competitive markets provide incentives to innovate, and innovation can be a catalyst for further competition. But economic analysis provides limited insight into the relationship between (...)

OECD The OECD holds a roundtable on abuse of dominance and monopolisation

1 February 1996 66

Key documents: Background note The competition laws of many OECD countries contain a concept of single firm exploitation of market power or use of improper means of attaining or retaining market power. Some laws also contain the concept of “joint dominance”, distinct from multiple firms (...)

OECD The OECD holds a roundtable on the essential facilities concept

1 February 1996 126

An essential facilities doctrine specifies when the owner(s) of an “essential” or “bottleneck” facility must provide access to that facility, at a reasonable price. For example, it might specify when a railroad must be made available on reasonable terms to a rival rail company or an (...)

OECD The OECD holds a roundtable on the reform of international satellite organisations

1 November 1995 70

Key documents: Background note Since the creation of international satellite organisations (ISOs), technology and institutions have changed. Fibre optic cable has greatly increased connectivity. Satellites and ground stations have become more efficient. Private satellite systems have (...)

OECD The OECD holds a roundtable on competition in telecommunications

1 November 1995 68

Key documents: Background note In 1996, at the time of the roundtable, an unprecedented wave of deregulation and liberalisation had started in the telecommunications sector. Participants discussed institutional aspects of antitrust and regulation in the sector. One issue was whether (...)

OECD The OECD holds a roundtable on competition policy and efficiency claims in horizontal agreements

1 November 1995 62

Key documents: Background note Efficiency claims play a key role in the analysis of mergers and horizontal agreements. Static efficiencies, associated with the production and distribution of existing products, are most often considered relevant. Dynamic efficiencies, of improved processes (...)

OECD The OECD holds a roundtable on competition policy and film distribution

1 November 1995 66

Key documents: Background note Competition in film distribution, which has long been a concern, is now affected by the development of alternative methods of film distribution through television and video. Competition analysis of film distribution must examine: i) the relevant market (...)

OECD The OECD holds a roundtable on failing firm defence

1 May 1995 123

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 blocked. Several questions arise (...)

OECD The OECD holds a roundtable on competition policy and environment

1 May 1995 99

Key documents: Background note The analytical note reviews modes of environmental regulation and identifies some anticompetitive effects that can accompany them. Such regulations might be used to gain a competitive advantage. A common principle of the different modes of intervention, (...)