OECD Competition Law and Policy

Save the date! On 26 September the OECD will be gathering experts from different policy communities to discuss the importance of levelling the playing field in competition, trade and SOE policies during the official launch of its Competitive Neutrality Toolkit. During this public event, a panel of heads of competition authorities will also debate competitive neutrality in practice, both in competition law enforcement and advocacy. 🌐 https://oe.cd/5Dg

🔊 The 2023 report of the #OECDcomp Regional Centre for Competition in Asia-Pacific is out ▶️ https://oe.cd/5CA More about the work of this regional centre 🌐 https://oe.cd/rcc-korea    #OECD #annualreport #asiapacific Alessandra Tonazzi Michelle Ahn

Don't miss this opportunity to hear all about our recent work from a conversation between #OECDcomp's head of division Ori Schwartz and Professor Oles Andriychuk University of Exeter ⤵ 📽 https://lnkd.in/eWrx6hyr

Paris, 13 June 2024: #OECDcomp welcomed Katharine Kemp Giuseppe Colangelo and Tim Capel to explore 𝗧𝗵𝗲 𝗜𝗻𝘁𝗲𝗿𝘀𝗲𝗰𝘁𝗶𝗼𝗻 𝗯𝗲𝘁𝘄𝗲𝗲𝗻 𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝗗𝗮𝘁𝗮 𝗣𝗿𝗶𝘃𝗮𝗰𝘆. 🔎 🅚🅔🅨 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀 from the discussion include: 🔸 By and large, data protection and competition authorities apply different conceptual frameworks and pursue different objectives. However, in digital markets, interventions in one policy area can enhance or hinder the attainment of the goals of the other. 🔸 The collection, accumulation and sharing of consumer data is a concern for both data protection and competition authorities. 🔸 Competition authorities increasingly see privacy as a component of quality and include privacy considerations into their assessments. At the same time, data protection authorities are starting to take market dynamics into account for their analyses. 🔸 Continued work is needed to improve the understanding of business models in digital markets and to strengthen co-operation between competition and data protection authorities.   ➡ Access now the key findings,  expert materials and 15 country notes at 🌐https://oe.cd/ibcdp Carolina Abate Francesca Casalini Giuseppe Bianco Clarisse Girot Ori Schwartz Antonio Capobianco Frederic Jenny

𝗢𝗘𝗖𝗗 𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗪𝗲𝗲𝗸 - 𝗝𝘂𝗻𝗲 𝟮𝟬𝟮𝟰 On 11 June 2024, #OECDcomp was joined by several competition agencies to discuss 𝗲𝗰𝗼𝗻𝗼𝗺𝗶𝗰 𝗺𝗼𝗮𝘁𝘀 𝗮𝗻𝗱 𝗲𝗻𝘁𝗿𝗲𝗻𝗰𝗵𝗺𝗲𝗻𝘁, their relationship with market power, and the importance of economic moats and entrenchment tactics to modern monopolisation strategies with a focus on potential challenges identified in the current legal framework. ➡ Access now key findings, speaker materials as well as 15 papers from participating delegations sharing their experiences on the topic at 🌐 https://oe.cd/mmbe 𝗞𝗲𝘆 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀 🔎The relationship between moats, entrenchment, and market power is complex, notably in digital markets. Both economic moats and entrenchment may contribute to increasing and maintaining a firm’s market power. 📌Moats and entrenchment may blur further the lines between lawful and unlawful practices. In this context, it is important to distinguish the activities which are fair and part of a legitimate business model as opposed to those which may unduly hinder the competitive market conditions. ⏳Internal documents and evidence play a crucial role for competition authorities to prove the strategy behind a firm’s behaviour related to structural competition issues. ⚙Incentivising the use of investigative and regulatory tools as well as adjusting antitrust analysis (e.g. updating economic theories, adopting a more dynamic approach) may be relevant for competition authorities to address potential challenges related to moats and entrenchment. Jonathan Kanter U.S. Department of Justice Natalie Harsdorf Bundeswettbewerbsbehörde | Austrian Federal Competition Authority Gina Cass-Gottlieb ACCC Nicolas Rojas Tribunal de Defensa de la Libre Competencia Alejandro Faya Cofece Instituto Federal de Telecomunicaciones Hans Zenger EU Competition Policy Antonio Capobianco Giorgio Castaldo

𝗢𝗘𝗖𝗗 𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗪𝗲𝗲𝗸 - 𝗝𝘂𝗻𝗲 𝟮𝟬𝟮𝟰 On 12 June 2024, #OECDcomp welcomed Diane Coyle, Chiara Criscuolo, Bill Kovacic and Nathaniel Lane to discuss the interplay between industrial and competition policy and explore the potential role of competition authorities in the design, development and/or implementation of industrial policy. ➡ Read the key findings and access now all related materials including the OECD note by Wouter Meester, speakers' notes and presentations and 15+ country notes sharing their experiences on the topic at 🌐https://oe.cd/pcip 🔎 🅚🅔🅨 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀 from the discussion include: 👨🏭 Although by no means a new phenomenon, industrial policy has undergone some changes in recent years, including (i) the appetite for many governments to use it, at least explicitly, (ii) the objectives that governments aim to achieve with it, as well as (iii) the way in which it is deployed and researched. 📌 Governments and competition authorities have found different ways to insert competition considerations in designing industrial policy. However, continued co-ordination between a range of different government institutions – including competition authorities – is key to make industrial policy effective and minimise market distortions. ⏳ Industrial policy is complex and good policy design of policy instruments is key. An important role to make industrial policy pro-competitive can be played by “conditionalities”, which provide obligations on recipients of government support to ensure certain behaviour and performance, and “guardrails”, which condition public support on limiting extractive corporate behaviour in order to prevent firms from prioritising shareholder value over investing in true innovation. ⚙ Competition principles should be a cornerstone of carefully designed industrial policy measures, and in this sense, competition authorities can have an important role to play in designing industrial policy to ensure competition-friendly industrial policies.

𝗢𝗘𝗖𝗗 𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 𝗪𝗲𝗲𝗸 - 𝗝𝘂𝗻𝗲 𝟮𝟬𝟮𝟰 On 12 June, Yong Lim, Thibault Schrepel and Juraj Čorba explored 𝗔𝗿𝘁𝗶𝗳𝗶𝗰𝗶𝗮𝗹 𝗜𝗻𝘁𝗲𝗹𝗹𝗶𝗴𝗲𝗻𝗰𝗲, 𝗗𝗮𝘁𝗮 𝗮𝗻𝗱 𝗖𝗼𝗺𝗽𝗲𝘁𝗶𝘁𝗶𝗼𝗻 at the OECD. 🔎 🅚🅔🅨 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀 from the discussion include: 🤖 AI, including generative AI, is an emerging technology likely to impact economies worldwide. 🏃♂️ Ensuring that the AI value chain remains competitive is therefore important and many competition authorities are on the front-foot in monitoring developments. 🤔 There are potential concerns, many relating to adjacencies in existing digital markets, including access to data and compute, interoperability with existing ecosystems, as well as partnerships between firms. 🏛 Authorities may need to increase capabilities to monitor developments and international, and domestic, co-operation may assist in meeting global challenges. 📖 𝗠𝗮𝘁𝗲𝗿𝗶𝗮𝗹𝘀 𝗮𝘃𝗮𝗶𝗹𝗮𝗯𝗹𝗲 A note by Richard May, speakers' presentations, papers by participating delegations and much more can be accessed at 🌐https://oe.cd/aicomp

On Monday 10 June, #OECDcomp was joined by Morris Kleiner and Alex Robson to discuss competition in the #professions and regulations. ➡ Access the background paper, speaker presentations and over 20 contributions from competition authorities around the world at 🌐 https://oe.cd/crps   🔎 🅚🅔🅨 𝘁𝗮𝗸𝗲𝗮𝘄𝗮𝘆𝘀 📈 Across OECD countries there has been an enormous growth in the number of jobs subject to professional regulation and occupational licensing. Between and within countries, there is a lot of inconsistency in which jobs are subject to regulation or licensing rules. 🛠️ Evidence suggests policymakers must be more proactive in balancing the benefits of professional regulation and occupational licensing systems against the potential costs, such as unnecessary restrictions on competition and social mobility as well as lower productivity. 📢 Competition authorities have a role to play in ensuring that professional regulation and occupational licensing frameworks do not contain unreasonable restrictions to competition. This can occur through enforcement activities, studying markets, and advocating for pro-competitive policy reforms. Federica Maiorano Connor Hogg

Today in Paris 200+ participants were able to hear from President Enrico Letta on his recent report 𝙈𝙪𝙘𝙝 𝙈𝙤𝙧𝙚 𝙏𝙝𝙖𝙣 𝘼 𝙈𝙖𝙧𝙠𝙚𝙩 during an event organised by the OECD Competition Division. The exchange moderated by DAF Director Carmine Di Noia, benefited from insightful inputs from OECD - OCDE DSG Yoshiki Takeuchi, Chief Economist Alvaro Santos Pereira, TAD Director Marion Jansen and EU Director-General for Competition Olivier Guersent. It was a great opportunity to explore how realism and pragmatism is all we need to make today's #EU #singlemarket work for all while driving #growth and #innovation. Report accessible at https://lnkd.in/dPMppUdz