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.
Documents and links:
2009 Recommendation on Competition Assessment
2005 Guiding Principles for Regulatory Quality and Performance
Enhanced Enforcement Co-operation, 2014 (Hearing)
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
Competition, Patents and Innovation, 2009 (pdf)
Presenting complex economic theories to judges, 2008 (pdf)
Market Studies, 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)
Competition issues under discussion
List of all best practice roundtable relases on enforcement
Indicators of Product Market Regulation (PMR)