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

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SYNTHESIS

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.