Competition

Public interest considerations in merger control

 

How should competition authorities consider the public interest in case of a merger? It might be a difficult balancing exercise to weigh public interest criteria against competition factors, as they do not necessarily point to the same direction.

In June 2016, the OECD held a roundtable to discuss public interest considerations included in merger control rules (‘public interest clauses’), how they are applied and by whom, and the relevant challenges for competition authorities.

The discussion also explored exceptional circumstances under which public interest might be taken into consideration in the regular merger assessment, such as broad efficiency claims or the failing firm defence. 

Read the executive summary with key findings from the discussion.

» Full list of Competition Policy Roundtables

JUNE 2016 SESSION DOCUMENTATION

KEY DOCUMENTS

Background Note by the Secretariat • Note de référence du Secretariat • ppt

Executive summary with key findings • Synthèse

Detailed summary of discussion • Résumé détaillé de la discussion

 

PANNELISTS AND PRESENTATIONS 

John DAVIES Bio
Partner, Freshfields Bruckhaus Deringer, Belgium presenting A practitioner's perpective

Judge Dennis DAVIS Bio
President, Competition Appeal Court, South Africa 

CONTRIBUTIONS FROM PARTICIPANTS

Summary of contributions

Australia

Canada

European Union

Germany

Indonesia

Japan

Korea

Latvia

Mexico

 

Netherlands

New Zealand 

Norway

Portugal

Singapore

South Africa

Chinese Taipei

United Kingdom

United States

BIAC

PRESENTATIONS

    

RELATED POLICY ROUNDTABLES

Cross-Border Merger Control: Challenges for Developing and Emerging Economies, 2011

Remedies in Merger Cases, 2011

Competition and the Financial Crisis, 2009

Competition Policy, Industrial Policy and national Champions, 2009

The Failing Firm Defence, 2009

Standard for Merger Review, 2009

 

» Access the full list of Competition Policy Roundtables

» Link to the  OECD Competition Home Page 

 

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