OECD

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 (...)

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 (...)

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 (...)

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 large (...)

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 (...)

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. In (...)

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 (...)

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 (...)

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 (...)

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 and (...)

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 regulator (...)

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 (...)

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 mergers (...)

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 (...)

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 monopsony (...)

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 adjudicator. (...)

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 (...)

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 (...)

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 treated (...)

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 (...)

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 recently, (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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

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

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, but (...)

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 (...)

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 (...)

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 (...)

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, and (...)

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 (...)

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, and (...)

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 (...)

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 (...)

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

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 rights (...)

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 (...)

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 for (...)

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 (...)

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 the (...)

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 (...)

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 (...)

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 (...)

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 and (...)

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 some (...)

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, several (...)

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. (...)

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. Merger (...)

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, Alberto (...)

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 (...)

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 (...)

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 (...)

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 setting (...)

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 (...)

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: (...)

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 “conferences” – (...)

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 (...)

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 (...)

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 the (...)

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 (...)

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 (...)

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) Private (...)

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 (...)

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 and (...)

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 devices (...)

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 illnesses (...)

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

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 (...)

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 broadband (...)

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 (...)

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 shaped (...)

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 (...)

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. (...)

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- notifiable (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 transaction (...)

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 (...)

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 (...)

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). (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 measures (...)

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 to the (...)

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 (...)

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 prosecute (...)

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. productive (...)

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 (...)

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 is (...)

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 (...)

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, as (...)

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 scope. (...)

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 (...)

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 (...)

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

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 were (...)

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 again, (...)

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. (...)

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 a (...)

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 harm to (...)

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 number (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 emissions (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

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 (...)

(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 (...)

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 a (...)

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 (...)

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 (...)

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 (...)

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 (...)

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

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 (...)

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 the (...)

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

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. In (...)

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 (...)

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 (...)

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 (...)

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

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 of (...)

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

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, (...)

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 (...)

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 (...)

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

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 analysis. (...)

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 (...)

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 widespread. (...)

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 (...)

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

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 (...)

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 (...)

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 taxis (...)

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” (...)

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 (...)

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 distinguishing (...)

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 (...)

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 (...)

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 in (...)

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

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 sales (...)

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 to (...)

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 (...)

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 (...)

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. (...)

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, (...)

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 (...)

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 serve a (...)

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 prevent (...)

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. (...)

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

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 access (...)

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

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 of (...)

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 (...)

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) (...)

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 (...)

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

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: (1) Services which are subject to (...)

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: (1) Services which are subject to (...)

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 (...)

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

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: Health Care Professions and (...)

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 (...)

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 (...)

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 many (...)

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: Inefficiency (1) Inefficiencies in (...)

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

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

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) Non-commercial service (...)

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 definition (...)

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, transmission (...)

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 (...)

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 (...)

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 (...)

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 many (...)

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: (1) Since the last review of the (...)

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 (...)

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

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: (1) Governments of all levels (...)

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: (1) Road transport is undeniably (...)

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 was (...)

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 increasing. (...)

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 (...)

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 (...)

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 (...)

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 (...)

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: (1) Travellers differ widely, in (...)

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: (1) Although the details vary (...)

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 (...)

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: (1) Postal services are one (...)

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 twenty (...)

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 (...)

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 (...)

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 purchase of (...)

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: (1) The insurance industry is not (...)

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 interest (...)

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) (...)

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, (...)

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 (...)

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. (...)

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 (...)

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 (...)

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 (...)

Key documents: Background note 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 (...)

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 competition (...)

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 acting (...)

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 electricity (...)

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 emerged. (...)

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 (...)

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 and (...)

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 (...)

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

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, whether (...)

Trade associations consist of individuals and firms with common commercial interests, joining together to further their commercial or professional goals. The important role played by trade associations in modern economies is widely recognised. Their activities benefit their members – especially (...)

Transfer prices are the prices at which an enterprise transfers physical goods and intangible property or provides services to associated enterprises. (...) Transfer prices are significant for both taxpayers and tax administrations because they determine in large part the income and expenses, (...)

See Price regulation

See Price discrimination

In European law and policy, the concept of Universal Service Obligations refers to a set of general interest requirements ensuring that certain services are: (i) available throughout a certain territory (e.g. the territory of a Member State) for all consumers and users, independently of their (...)

See Predatory pricing

A “margin squeeze” is an exclusionary abuse of dominance that arises when a vertically-integrated monopolist sells an upstream bottleneck input to rival firms that also compete in a downstream market with the monopolist in the provision of a downstream product. A margin squeeze is said to arise (...)

Public enforcement can be defined as the enforcement of antitrust laws by a government, for example by the competition authority or a prosecutor, to detect and sanction violators of competition rules. By contrast, private enforcement can generally be defined as litigation initiated by an (...)

Refers to a wide range of business practices in which a firm or group of firms may engage in order to restrict inter-firm competition to maintain or increase their relative market position and profits without necessarily providing goods and services at a lower cost or of higher quality. The (...)

The notification requirement is laid down in Article 4(1) of the Merger Regulation, which states that a concentration with a Union dimension must be notified prior to its implementation. It is complemented by the standstill obligation in Article 7(1) of the Merger Regulation, which prevents (...)

The state action doctrine is the product of the US Supreme Court’s 1943 opinion in Parker v. Brown, which reasoned that, in light of states’ sovereign status and principes of federalism, Congress would not have intruded on state prerogatives through the Sherman Act without expressly saying so (...)

Resale-below-cost (RBC) laws are one of three major types of regulatory restrictions on resale prices. The other two types are predatory foreclosure laws and mandatory minimum resale price maintenance (RPM) laws. RBC laws usually forbid loss leader sales---resale prices that fall below the (...)

(...) distinction between company groups and economic groups by suggesting that company groups refer to a more formal (legal) set of relationships generally involving a holding or controlling company and its subsidiaries; whereas an economic group can involve firms that may be unrelated in (...)

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

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

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

Basic principles for the control of state subsidies and other aids in order to prevent distortion of competition are contained in Articles 107-109 of the Treaty on the Functioning of the European Union. The Commission determines whether aid violates the Treaty standard, and it can order the (...)

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

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

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

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

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

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

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

General term for the assignment of property rights through, e.g., patents, copyrights or trademarks. These property rights give the holder the exclusive right to exploit the innovation. The holder thus has monopoly power on the use of the item, normally for a specified period of time and within (...)

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

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

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

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

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

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

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

Anti-competitive business practices (including improper exploitation of customers or exclusion of competitors) in which a dominant firm may engage in order to maintain or increase its position on the market. Competition Law prohibits such behaviour, as it damages true competition between firms, (...)

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

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

Agreements or concerted Practices between a supplier and a dealer with the object of directly or indirectly establishing a fixed or minimum price or price level to be observed by the dealer when reselling a product/service to his customers. A provision which foresees resale price maintenance (...)

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

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

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

An amalgamation or joining of two or more firms into an existing firm or to form a new firm. A merger is a method by which firms can increase their size and expand into existing or new economic activities and markets. A variety of motives may exist for mergers: to increase economic efficiency, (...)

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

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

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

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

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