The OECD holds a roundtable on competition on the merits

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) "Competition on the merits" is a popular but vague term. The principles underlying it and any standards that are based on it need to be clarified. The concept of "competition on the merits" is supposed to be a helpful point of reference for distinguishing unilateral conduct that is harmful to competition from unilateral conduct that enhances competition. Lawyers, judges and competition law enforcement officials have been using this phrase for many years to explain and justify their arguments