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Competition

Fostering Competition in ASEAN: Capacity Building for Judges

 

 

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Competition cases are complex and often based on economic principles. The 2018 CLIP Competition Primers for ASEAN Judges are a series of information sheets designed to offer practical guidance to members of the judiciary when analysing competition cases in their courts.

These Primers bring together the Federal Court of Australia's very rich technical knowledge and first-hand experience with the OECD's international experience working with judges and knowledge of the ASEAN region and laws.

These Primers are part of the OECD strong engagement with Asia and, in particular with ASEAN, in helping to further the implementation of the ambitious ASEAN Competition Action Plan (ACAP) 2016-2025. This project was funded under the ASEAN-Australia and New Zealand Free Trade Agreement (AANZFTA) Competition Law Implementation Program.

 

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“The Primers offer a first overview or port of call for the issues that courts will need to consider in most competition cases. I believe this collaborative work will prove very useful for judges in ASEAN as they will be increasingly faced with competition cases in the years to come.”

(Frédéric Jenny, Chairman of the Competition Committee of the OECD)

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 “It was a privilege to be able to draw on the expertise the FCA has acquired engaging with principles of both competition law and economics to develop, with input from the OECD, written tools to assist the diverse audience of judges in the ASEAN Member States. We trust that the Primers will prove a valuable and long enduring resource for judges in our region deciding competition law matters.”

(The Honorable Justice John Middleton, Federal Court of Australia).

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"The Primers contain materials that are important for judges to understand the economic aspects of competition cases. Written in plain English, the Primers are easy to understand for judges with no economics background.” 

(Justice Syamsul Maarif, Supreme Court of Indonesia)

 

» VIDEO: Justice Middleton talks about the Competition Primers for ASEAN Judges

» VIDEO: Marcus Bezzi talks about the Competition Primers for ASEAN Judges

 The Primers

» Download Competition Primers for ASEAN Judges 2018 in English or Thai or select a topic below.

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Economics for judges in the competition law context

This Primer narrows the communication gap between economists and courts. It presents the most most-used economic terms and concepts underlying competition law and the framework for assessing anticompetitive effects of agreements, unilateral conducts and mergers.

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Circumstantial evidence in the context of competition law

This Primer sets outs the role that circumstantial evidence frequently plays and it discusses the different types of evidence and their probative value.

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Expert evidence in the context of competition law cases

‌This Primer discusses the role that expert evidence can play in competition law cases and the main issues that such evidence raise. It offers insights into the experience of judges in Australia.

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Abuse of dominant position: what is it and how is it assessed?

This Primer discusses the concept of “substantial market power” and the types of evidence that may be used by judges to assess dominance and abuses.

 The Primers were launched during the 8th OECD/KPC Competition Law Seminar for Asia-Pacific Judges held in Jakarta, Indonesia on 10-12 October 2018.

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Past OECD/Korea Policy Centre Competition Law Workshops for Asia-Pacific Judges

» Circumstantial Evidence and Cartel Cases, (Jakarta, Indonesia – 10-12 October 2018) (Agenda | Newsletter)

» Market Definition and Significant Market Power as Cornerstones of Competition Law (Manila, Philippines – 5-7 April 2017) (Agenda | Summary)

» Use of Competition Economics in the courtroom (Jeju, Korea – 5-7 October 2016) (Agenda)

» The Use of Competition Economics (Busan, Korea – 13-15 October 2015) (Agenda)

» Evidence in Cartel Proceedings (Seoul, Korea – 15-17 October 2014) (Agenda)

» Competition Law Workshop for Judges (Gyeongju, Korea – 22-24 October 2013) (Agenda)    

» Workshop for Judges on Abuse of Dominance (Beijing, China – 28-29 November 2012) (Annual Report 2012)

» Competition Workshop for Judges in the Asian Region (Seoul, Korea – 2-4 November 2011) (Newsletter, June 2012)

 

A full list of events organised by the OECD/Korea Policy Centre, Competition Programme can be found here

 

Other OECD Initiatives with Competition Judges

The OECD has undertaken a number of roundtables with judges in the context of both the Competition Committee and the Global Forum on Competition. 

In 2017, the Global Forum on Competition held a roundtable with judges on Judicial perspectives on competition law, addressing various dimensions of the judicial adjudication of competition law. While recognising the differences that exist across jurisdictions, the discussion tried to elicit the main common challenges that judges face when applying competition law, and find ways to address those challenges. All materials related to this discussion can be found here.

Other relevant Competition Committee roundtables include: Presenting Complex Economic Theories to Judges, 2008, and Procedural Fairness: Competition Authorities, Courts and Recent Developments, 2011.

The OECD has also published reports concerning the courts’ role in the review of competition law cases such as, for instance, the 2016 report on The resolution of competition cases by specialised and generalist courts: Stocktaking of international experiences.

Finally, since 1996, seminars for national judges have been held in Mexico, Russia, Southern Africa and Brazil.  

» VIDEO: Competition Committee Chair Frédéric Jenny talks about the Competition Primers for ASEAN Judges

 

» Download Competition Primers for ASEAN Judges 2018 in English or Thai

 

For further information or if you have any questions, please contact:

Ruben Maximiano
ruben.maximiano@oecd.org 

Matteo Giangaspero
matteo.giangaspero@oecd.org

 

RELATED LINKS

ASEAN Competition Action Plan (2016-2025)

ASEAN Experts Group on Competition (AEGC)

Association of Southeast Asian Nations (ASEAN)

 

Other OECD Work 

Fostering Competition in ASEAN

Achieving more pro-competitive regulation in the logistics sector in ASEAN

Towards a level playing field in the logistics sector in ASEAN

Competition Law in Asia-Pacific: A Guide to Selected Jurisdictions

OECD Competition and Macroeconomic outcomes 

OECD Competition 

 » Competition Home Page

Topics

Abuse of dominance & monopolisation

Cartels & anti-competitive agreements

Digital Economy and innovation

Enforcement practices

Evaluation of competition interventions 

International co-operation

‌Liberalisation & intervention in regulated sectors

Market studies

‌Mergers

Pro-competitive policy reforms  

Key materials, Tools & Guidance

Best practice roundtables

Calendar of activities

Competition assessment toolkit

Country reports & peer reviews

Fighting bid rigging in public procurement 

Recommendations

Reports by the Competition Committee

Reports by competition agencies

Global Relations

About global relations

Hungary centre

Korea centre

Global Forum on Competition

Latin American and Caribbean Competition Forum

 

 

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