This presentation by the OECD Competition Division was made during the discussion on "Independence of competition authorities - from designs to practices" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/independence-of-competition-authorities.htm

1. AGENCY
INDEPENDENCE
Presentation of the OECD Background paper
Evrim Özgül KAZAK
OECD Competition Division
Global Forum on Competition - 1 December 2016

2. • The ability of competition authorities to take
decisions based solely on legal and economic
grounds rather than on political
considerations.
• No one-size-fits-all solution nevertheless,
there are certain principles
• Legal independence vs de facto
independence
Independence
2

3. • The status of the authority
• Fix terms (longer than electoral cycles and
non-renewable)
Objective and transparent procedures for
appointments and dismissals
Main aspects of the legal independence
3

4. • Resources :human and financial
Sufficient and stable resources
Governments can punish competition
authorities by reducing their budgets.
Human resources are equally critical.
Institutional culture of independence
Main aspects of the legal independence
4

5. • What actually matters is de facto
independence
• Political culture, political institutions, age
of the authority, the personality of the
head
• Successful enforcement of the law
De facto independence