OECD

OECD - Competition Division

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

Linked authors

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

Articles

438634 Bulletin

OECD The OECD holds a roundtable on market concentration

102

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

OECD The OECD holds a roundtable on e-commerce

232

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

OECD The OECD holds a roundtable on leniency programmes

87

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 blockchain technology and competition policy

162

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 (...)

OECD The OECD holds a roundtable on competition issues in aftermarkets

33

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 algorithms and collusion

41

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

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

68

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 price discrimination

200

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 competition and innovation in land transport

63

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 fidelity rebates and competition

97

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 (...)

OECD The OECD holds a roundtable on commitment decisions in antitrust cases

52

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 (...)

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

52

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 (...)

OECD The OECD holds a roundtable on cartels involving intermediate goods

32

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 a roundtable on competition issues in liner shipping

35

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” – (...)

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

33

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 oligopoly markets

34

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 generic pharmaceuticals and competition

36

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 (...)

OECD The OECD holds a roundtable on airline competition

27

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

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

47

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 fighting corruption and promoting competition

37

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 competition issues in waste management

41

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 competition issues in the food chain ndustry

22

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

42

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 (...)

OECD The OECD holds a roundtable on competition and behavioural economics

27

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 competition in road fuel

27

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 competition and poverty reduction

44

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 (...)

OECD The OECD holds a roundtable on vertical restraints for on-line sales

43

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 payment systems

34

Executive summary, by the Secretariat 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 (...)

OECD The OECD holds a roundtable on leniency for subsequent applicants

31

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 (...)

OECD The OECD holds a roundtable on digital economy

36

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

20

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 (...)

OECD The OECD holds a roundtable on market definition

21

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 competition in hospitals services

17

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 excessive prices

64

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

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

41

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 (...)

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

23

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, (...)

OECD The OECD holds a roundtable on remedies in merger cases

26

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

16

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 (...)

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

23

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 (...)

OECD The OECD holds a roundtable on the regulated conduct defence

26

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

26

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 arbitration and competition

31

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

38

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

38

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

26

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

28

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

OECD The OECD holds a roundtable on competition and corporate governance

24

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 electricity: renewables and smart grids

25

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, state aids and subsidies

26

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 (...)

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

23

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 generic pharmaceuticals

51

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

58

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

19

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

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

55

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 (...)

OECD The OECD holds a roundtable on two-sided markets

112

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

OECD The OECD holds a roundtable on competition and financial markets

25

Executive summary, by the Secretariat 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 (...)

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

31

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 monopsony and buyer power

32

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

OECD The OECD holds a roundtable on resale price maintenance

22

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

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

40

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

24

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

18

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

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

24

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. (...)

OECD The OECD holds a roundtable on refusals to deal

30

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

OECD The OECD holds a roundtable on managing complex mergers

18

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

26

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

20

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 (...)

OECD The OECD holds a roundtable on facilitating practices in oligopolies

18

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note Executive summary, by the Secretariat Considering the discussion at the roundtable and the written submissions, several key points emerge: 1) The concept of “facilitating practices” (...)

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

22

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 (...)

OECD The OECD holds a roundtable on public procurement

26

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 energy security and competition policy

24

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 (...)

OECD The OECD holds a roundtable on vertical mergers

32

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

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

32

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 (...)

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

66

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

94

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

30

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

24

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

34

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 environmental regulation and competition

69

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

21

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

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

33

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 (...)

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

25

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

OECD The OECD holds a roundtable on barriers to entry

24

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

20

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 competition on the merits

26

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: (...)

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

55

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

26

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

OECD The OECD holds a roundtable on intellectual property rights

22

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 cartel sanctions against individuals

20

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

OECD The OECD holds a roundtable on universal service obligations

20

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 (...)

OECD The OECD holds a roundtable on media mergers

27

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

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

24

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 (...)

OECD The OECD holds a roundtable on communication by competition authorities

41

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 roundtable on price transparency

24

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

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

45

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 (...)

OECD The OECD hold a roundtable on competition issues in electronic commerce

34

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 (...)

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

31

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. (...)

OECD The OECD holds a roundtable on mergers in financial services

31

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 (...)

OECD The OECD holds a roundtable on airline mergers and alliances

35

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 (...)

OECD The OECD holds a roundtable on competition in professional services

28

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 (...)

OECD The OECD holds a roundtable on oligopoly

26

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

25

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 (...)

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

22

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 (...)

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

28

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 (...)

OECD The OECD holds a roundtable on resale price maintenance

31

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

22

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 competition issues related to sports

37

Key documents: Background note 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. (...)

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

34

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 (...)

OECD The OECD holds a roundtable on the essential facilities concept

46

Key documents: Executive Summary with key findings, Detailled Summary of the discussion, Background note 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 (...)

OECD The OECD holds a roundtable on competition in telecommunications

34

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 film distribution

23

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

47

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

OECD The OECD holds a roundtable on competition policy and environment

39

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 (...)

OECD Glossary: Association of undertakings

991

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 (...)

OECD Glossary: Transfer pricing

122

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, (...)

OECD Glossary: Universal service

118

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 (...)

OECD Glossary: Margin squeeze

3541

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 (...)

OECD Glossary: Private enforcement

2439

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 (...)

OECD Glossary: Anticompetitive practices

2062

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 (...)

European Commission, OECD Glossary: Gun jumping

3696

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 (...)

OECD Glossary: State action defense

380

The state action doctrine is the product of the 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 (...). (...)

OECD Glossary: Below-cost resale price

914

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 (...)

OECD Glossary: Exchanges of information

1941

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

OECD Glossary: Economic efficiency

3031

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

OECD Glossary: Agreement (notion)

707

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

OECD Glossary: State aid (notion)

713

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 (...)

OECD Glossary: Control (notion)

1005

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

OECD Glossary: Consumers’ associations

259

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

European Commission, OECD Glossary: Joint venture

13423

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

European Commission, OECD Glossary: Cartel

32416

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

European Commission, OECD Glossary: Brand competition

45936

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

OECD Glossary: Excess prices

1472

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

OECD Glossary: Failing firm defence

7722

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 (...)

European Commission, OECD Glossary: Intellectual property right

5485

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 (...)

OECD Glossary: Licensing

809

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

OECD Glossary: Price discrimination

3917

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

OECD Glossary: Price-fixing agreement

2333

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 (...)

OECD Glossary: Refusal to deal

2774

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

OECD Glossary: Privatization

338

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

OECD Glossary: Rule of reason

3502

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

OECD Glossary: Vertical restraints (or restrictions)

2669

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

European Commission, OECD Glossary: Abuse of dominant position

37297

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, (...)

European Commission, OECD Glossary: Barriers to entry

21893

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

European Commission, OECD Glossary: Tying or tied selling

13588

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

European Commission, OECD Glossary: Resale price maintenance (RPM)

36263

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 (...)

European Commission, OECD Glossary: Predatory pricing

18931

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

European Commission, OECD Glossary: Market power

25103

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

European Commission, OECD Glossary: Market share

11278

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

European Commission, OECD Glossary: Merger (notion)

12718

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, (...)

European Commission, OECD Glossary: Oligopoly

11323

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

European Commission, OECD Glossary: Relevant market

50598

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

European Commission, OECD Glossary: Bid rigging

28811

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

European Commission, OECD Glossary: Franchising

7764

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

European Commission, OECD Glossary: Extra-territoriality

7782

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

Send a message