OECD Workshop Advances Legal Models Enforcement Cooperation
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The document discusses international cooperation on competition enforcement and policy. It notes that cooperation is essential for economic welfare benefits. Key questions addressed are how to advance cooperation given a changing global landscape, and where cooperation should go in the future. Cooperation should advance enforcement information exchange, procedural transparency, and policy standards. The OECD and ICN play a crucial role in creating frameworks and recommendations to strengthen bilateral, regional and multilateral cooperation. Industry supports cooperation and is willing to provide input to relevant international forums.
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OECD Workshop Advances Legal Models Enforcement Cooperation
- 1. OECD Workshop Legal Models Enforcement Co-operation Marianela López-Galdos 28 October 2021 Global Competition & Regulatory Counsel Computer & Communications Industry Association (CCIA)
- 2. ● International cooperation is essential to bring about the economic welfare benefits of competition policy ● Common Understanding of G7 Competition Authorities on “Competition and the Digital Economy”, Biarritz 2019 ● Consumer welfare standard ● Eliminate competition barriers to innovation ● Promote International Cooperation and Convergence ● Carbis Bay G7 Summit ● Deepening cooperation on Digital Competition ● Enhancing Consumer Choice ● International and multilateral fora ● Encourage competition and support innovation in digital markets. Where should we go?:
- 3. Key Question: ● How do we advance cooperation? ○ A changing global order ○ A tendency to shift towards protectionists political positions that impact national/regional competition agendas ○ Increasing number of competition authorities ○ Mistrust and lack of reciprocity International Cooperation
- 4. ● In a digitized and interconnected world, cooperation should advance: ○ Enforcement including exchange of information ○ Procedural due process and increased transparency ○ Policy standards - economic welfare enhancing International Cooperation
- 5. ● Big Developments in Enforcement Cooperation ○ 50 years of OECD work in advancing cooperation ○ MoUs ■ OECD inventory of MoUs ○ 20 Years of ICN Where do we come from:
- 6. ● Continued enforcement-related cooperation ○ Minimize legal barriers to enhanced cooperation ○ Streamline cross-border competition investigations ○ Endeavor to align procedural standards and principles ● Promote waivers ● Programs for exchange of competition officials ● Use digital tools to limit language and time differences ● OECD/ICN cooperation report, regular updates Where should we go?:
- 7. ● Advance policy-related cooperation ○ Recognize the benefits of the consumer welfare standard ● Price, output, innovation and choice ● Protection from political interference ○ Invest in economic analyses to understand multi-sided business models ● International fora to learn about new economic model ○ Rebuild trust ● Put consumers first Where should we go?:
- 8. ● OECD/ICN crucial role ○ Create opportunities for international exchanges ○ Voluntary frameworks and commitments ○ Regular recommendation updates ● Bilateral Cooperation ○ Sophistication of competition chapters in FTAs ○ MoUs ● Regional/ Multilateral Cooperation How should we do it?:
- 9. ● Industry supports cooperation ● Industry see a lot of risks in competition policy and enforcement asymmetries ● Industry is willing to offer input and work closely together with OECD; ICN; UNCTAD, other multinational and national fora to offer its viewpoints What role for the industry?