Do We Need New Forms of Cooperation? Higher Level Governance?

3rd webinar of the “Antitrust in Developing & Emerging Economies: New Challenges in Public Interest, Big Tech, and Regionalism” Conference, organised by Concurrences in partnership with White & Case. The third panel “Do We Need New Forms of Cooperation? Higher Level Governance?” with Maria Coppola (Acting Director, Office of International Affairs, FTC), Michal Halperin (Senior Fellow, Mossavar-Rahmani Center, Kennedy School of Government, Former Head of Israel Competition Authority ), Willard Mwemba (Chief Executive Officer, COMESA Competition Commission), George Paul (Partner, White & Case), and Frédéric Jenny (Chairman, OECD Competition Committee). The closing “Wrap-Up: New York & Capetown Minute” with Dennis Davis (Former Former Judge President, Competition Appeal Court of South Africa), Harry First (Professor, NYU Law School))

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Frédéric Jenny framed the discussion of higher-level cooperation, particularly in the digital sector. He started by taking a historical perspective on the development of cooperation in the field of competition. In a first phase, experienced competition authorities helped young competition authorities at a time of rapid increase in the number of countries with competition. They provided advice on how to investigate and conduct competition analysis. In a second phase, the development of international trade resulted in interpenetration between national markets. As a result, competition in a domestic market could be restricted by firms established abroad where the national competition authority of the country of the affected market could not investigate. This phenomenon inspired authorities to cooperate through information exchange. Such exchanges helped national competition authorities gather the proof they needed to enforce their domestic laws. We are now in the third phase; now digital markets are borderless. Each country is only a small fraction of the whole market. Solutions can no longer be found at a local level. Global cooperation on cases is needed, but agency cooperation has not adequate tools to further deepen their cooperation.

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  • US Federal Trade Commission (FTC) (Washington)
  • Harvard University (Massachussets)
  • COMESA (Lusaka)
  • White & Case (Washington)
  • ESSEC Business School (Cergy)
  • NYU School of Law (New York)
  • South Africa Competition Appeal Court (Pretoria)