Competition

Commitment Decisions in Antitrust Cases

 

Over the last decade, an increasing number of competition authorities have obtained powers to adopt commitment decisions or other forms of negotiated/ consensual termination of antitrust cases. The terminology used varies depending on the jurisdictions: some refer to these tools as commitment decisions, others as consent decrees, consent orders, or (written) undertakings. Resolution through commitment decisions or other negotiated remedies can be very attractive for competition authorities, companies and third parties, although there are concerns regarding the use of commitment decisions as opposed to full-fledged infringement investigations.

In June 2016, the OECD Competition Committee held a roundtable to discuss commitment decisions in antitrust cases. The discussion took stock of agencies’ experience and explored arguments in favour of and against the use of commitment decisions, judicial review of commitment decisions, and the relationship between commitment decisions and damages actions. 

Read the Executive summary with key findings from the discussion.

Read the Summary of the discussion.

Access the full list of Competition Policy Roundtables

JUNE 2016 SESSION DOCUMENTATION

Panellists, papers and presentations

Executive summary with key findings Synthèse 

Summary of the discussion (Français)

Background Note by the Secretariat  ppt

Note de référence du Secrétariat

Summaries of contributions

 

Tadashi SHIRAISHI Bio  
University of Tokyo, Japan presenting Commitment decisions in the Japanese context  | ppt

Joshua WRIGHT Bio
George Mason University, US presenting
Antitrust settlements: the culture of consent
and
Costs and benefits of antitrust consents

 

Jean-François BELLIS Bio
Van Bael & Bellis, Brussels presenting EU commitment decisions: What makes them so attractive?  | ppt

Contributions from participants

Australia

Chile

Colombia

Estonia

EU

Finland

France English • Français

Greece

Indonesia

Israel

Italy

Korea 

Lithuania

 

Mexico

Netherlands

Portugal

Romania

Russia

Singapore

South Africa

Spain

Sweden

Switzerland

Turkey

United Kingdom

United States

BIAC

PRESENTATION OF THE OECD BACKGROUND PAPER

 

RELATED POLICY ROUNDTABLES

Relationship between public and private antitrust enforcement, 2015

Remedies in cross-border merger cases, 2013

Procedural fairness and transparency - Key points, 2012 

Remedies in cross-border merger cases, 2011

Experience with direct settlements in cartel cases, 2008

Plea bargaining, 2006

Merger remedies, 2003

 

 

» Access the full list of Competition Policy Roundtables

» Link to the  OECD Competition Home Page 

 

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