Competition

Provisions in co-operation agreements on competition

 

‌‌International co-operation in competition law enforcement is at the core of the OECD competition-related work.

As part of this work, the Competition Committee put together an inventory of international co-operation agreements. The inventory focuses mainly on fifteen bilateral comprehensive government-to-government co-operation agreements where at least one of the signatories is an OECD Member Country, and is intended to list options which would be useful for the negotiation or interpretation of co-operation agreements. It is divided by several sections according to items usually dealt by them (e.g. purpose, definitions, transparency, notifications, comity, etc.) and also includes mentions to agency-to-agency memoranda of understanding and regional frameworks [see full OLIS document].

Each section of the inventory is presented separately below, along with the relevant provision of the 2014 OECD Recommendation on International Co-operation on Competition Investigations and Proceedings and a list of the relevant clauses out of the fifteen bilateral co-operation agreements.

Where appropriate, the list of relevant clauses includes provisions out of five second generation agreements (i.e. agreements with provisions enabling the exchange of confidential information under certain circumstances, without seeking prior consent from the source of the information), as well as two special co-operation agreements on positive comity.  Here is a link to the included co-operation agreements.

Provisions on purpose Provisions on definitions
Provisions on transparency Provisions on notifications
Provisions on enforcement co-operation and investigative assistance Provisions on the exchange of information

Provisions on the co-ordination of investigations and proceedings

Provisions on negative comity
Provisions on positive comity Provisions on consultation
Provisions on regular meetings Provisions on confidentiality
Provisions on existing law Provisions on communication
Agency to Agency Memoranda of Understanding (MoUs) Regional co-operation agreements

 

 

COMP_Naec-cover-en

 

Challenges of international co-operation in competition law enforcement (2014)

RELATED LINKS AND MATERIALS

2014 Recommendation on International Co-operation (2014)

OECD/ICN Survey on International Co-operation (2013)

International co-operation in competition enforcement

International Co-operation Home Page

Recommendations and Best Practices on Competition Law and Policy

All Competition Policy Roundtables

Competition Home Page

 

Related Documents