Competition enforcement practices

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Effective competition policy requires effective and efficient application of competition law and economics. Much of the work carried out by the OECD focuses on the background and framework of competition policy, and how competition authorities can learn from each other and from academic work to improve their effectiveness.


Processes and economic analysis: key to effective competition policy

Good processes are essential: a fair, predictable and transparent process bolsters the legitimacy of a competition authority’s actions.  Whatever the legal framework, consistency, predictability and fairness in decision-making processes can be fostered by transparency about legal standards, agency policies, practices and procedures as well as the judicial review process.

Good economic analysis is also necessary.  Any assessment of competition, whether carried out for law enforcement or wider policy purposes, will require a sound understanding of economic principles, and based on careful analysis of the evidence, possibly including statistical and other techniques for the analysis of data.  This analysis need not be sophisticated, but all competition professionals need to be prepared to consider and use sophisticated econometric or other techniques where needed, or to respond to evidence of this sort presented by interested parties.


Applying competition policy: the OECD as a forum for exchange of experiences

Applied competition policy therefore requires practitioners to stay in touch with best practices from their peers and from applied academic studies.  The OECD provides a forum for such best practices to be identified, debated and published and – where relevant – codified in the form of Recommendations to its member states.

Related best practices roundtables

Agency decision-making in merger cases: Prohibition and conditional clearances, 2016

Big data: Bringing competition policy to the digital era, 2016

Price discrimination, 2016

Geographic market definition across national borders, 2016

The role of market studies as a tool to promote competition, 2016

Independence of competition authorities - from designs to practices, 2016

Ssanctions in antitrust cases, 2016

Commitment Decisions in Antitrust Cases, 2016

Public interest considerations in merger control, 2016

Jurisdictional nexus in merger control regimes, 2016

Competitive Neutrality, 2015

Public and Private Antitrust Enforcement in Competition, 2015

Intellectual Property and Standard Setting, 2014

Changes in Institutional Design of Competition Authorities, 2014

Competition and the use of markers in leniency programmes, 2014

OECD inventory of international co-operation agreements on competition, 2014

Enhanced Enforcement Co-operation, 2014

Role and Measurement of Quality in Competition Analysis, 2013 (pdf)

Leniency for Subsequent Applicants, 2012 (pdf)

Market Definition, 2012 (pdf)

Procedural Fairness and Transparency: Key Points, 2012

Presenting complex economic theories to judges, 2008 (pdf)

Intellectual Property and Competition Policy in the Biotechnology Industry, 2005 (pdf) / Intellectual Property Rights, 2004 (pdf)

Judicial Enforcement of Competition Law, 1996 (pdf)


List of all best practice roundtable relases on enforcement


Indicators of Product Market Regulation (PMR) 

2009 Recommendation on Competition Assessment

2005 Guiding Principles for Regulatory Quality and Performance


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