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Date 20, 21 and 22 September 2021    Virtual zoom meeting      

The Latin American and Caribbean Competition Forum brings together high-level competition officials each year to promote dialogue, consensus building and networking among policy makers and enforcers in the region. The 2021 Forum will take place virtually in view of the COVID-19 situation. All related documentation will become available on this page. 

Agenda

Session 1. Compliance Programmes in Antitrust Enforcement

Compliance programmes can be helpful complements to public enforcement activity, ideally by preventing competition law violations in the first place. Many competition agencies have implemented changes in their enforcement and sanctioning policies regarding competition compliance programmes. Furthermore, we have also seen the rise of interesting advocacy initiatives to promote compliance.

This session will explore if agencies have empirical evidence that compliance programmes lead to a decrease in the probability of violations or their gravity, and what the reasons for policy changes in agencies’ promotion of compliance or recognition of compliance efforts are. Another focus will be on the main characteristics for effective compliance programmes, as developed in case practice and guidance by agencies. Closely related, trends and experiences in advocacy measures will be discussed, and how agencies ascertain that these measures are effective and sufficiently targeted.

Background documentation

Background Note by the Secretariat • Hearing letter

 

Speakers

Anne Riley, Independent Ethics and Compliance Consultant, BIAC Bio 

Agency case studies: Brazil, Canada, Colombia, Ecuador, Mexico, Peru, Spain, United States

 

Contributions from participants

Brazil and see the Working Party no 3 contribution on Competition Compliance programmes

Canada  see the Working Party no 3 contribution on Competition Compliance programmes

Colombia • see the Working Party no 3 contribution on Competition Compliance programmes 

Ecuador

Peru • see the Working Party no 3 contribution on Competition Compliance programmes 

Mexico

Spain

United States

 

Presentations

 



 

Suggested bibliography and related links

 

See also:

Competition Law and Policy in Latin America

 

Best Practice Competition Roundtables
 

OECD Competition
 

 

 

Session 2. Efficiency Analysis in Vertical Restraints

Vertical restraints are competition restrictions in agreements between firms or individuals at different levels of the production and distribution process. Vertical restraints which simply determine the price and quantity for a specific sale and purchase transaction do not normally restrict competition. However, a restriction of competition may occur if the restraint contains restraints on the supplier or the buyer. Examples of such vertical restraints are an obligation on the buyer to charge customers a certain price for the supplier’s product (i.e. resale price maintenance); a restriction on the buyer not to purchase competing brands (i.e. non-compete obligation); or an obligation on the supplier to only supply a particular buyer (i.e. exclusive distribution).

The appropriate treatment of certain vertical restraints under competition law has been widely debated in recent years, in particular due to the rapidly increasing e-commerce and digital economy. This session will firstly provide an overview of different vertical restraints and the legal frameworks that exist to access vertical restraints. Following this overview, the discussion will focus on potential anti-competitive effects of vertical restraints. Finally, it will explore the role that potential efficiencies can play and what are relevant factors to consider for the assessment and procedural issues.

 

Background documentation

Background Note by the Secretariat • Call for contributions 

 

Speakers


Priscila Brolio Gonçalves
, Owner, Brolio Gonçalves Advogados  Bio 

Javier Coronado, Chief Economist, Garrigues Bio  

 

Contributions from participants

 

Brazil

Colombia

Honduras

Mexico

Panama

 

Presentations

 

 
 
 

 

Suggested bibliography and related links

 

See also:

Competition Law and Policy in Latin America

 

Best Practice Competition Roundtables
 

OECD Competition
 

 

Session 3. Competition and Payment Card Interchange Fees

Card payment systems are complex and dynamic, and mostly regarded as two-sided markets. There is consensus in literature as to the fundamental elements of the structure of said markets: firstly, the existence of two groups of economic agents, the merchants and cardholders, requiring services from a platform with interdependent demands; secondly, the resulting network externalities from this interdependence; thirdly, the Non-Neutrality present in the price structure, and finally, the role of platforms within the market scheme.

Some of the difficulties that arise in these types of markets are associated with the assessment of the social efficiencies that are generated by the price structure of payment platforms and how to define interchange fees and charges and the potential antitrust issues that may arise, among others. For instance, understanding and assessing price distribution and the impact of externalities on price definition, may be challenging for both competition agencies and regulators, as the price structure in these markets affects the dynamics of the transactions that take place within the market.

The goal of the session is to dive into a series of key questions on the topic and to explore how enforcement and regulatory efforts have evolved recently. Some of the key questions that will be discussed are:

  • How to best define interchange fees and is it desirable? in what contexts?
  • How to assess the entrance into the market of non-financial agents that may rival financial institutions?
  • What are the effects of fees and charges on incentives to innovate? What have been the approaches of competition and regulatory authorities to the assessment of these interdependencies?
  • What has been the impact of regulation? What has been the impact of enforcement?
  • Does competition law allow me to remedy, not only at the sanctioning level, but also at the preventive level identified market failures in the payment system?
  • What has been the interplay between regulation and enforcement?

 

Background documentation

Background Note by the Superintendencia de Industria y Comercio (SIC) Secretariat • Call for contributions


Contributions from participants

Brazil

Costa Rica

Chile (FNE and TDLC)

Mexico

Peru


Speakers


Esteban Greco
, Antitrust, Competition Policy and Regulation Economist Director, Global Economics Group and former president of the National Commission for the Defense of Competition in Argentina (CNDC) Bio 

Beatriz Yemail, Director, Global Economics Group Bio 

Rosa M. Abrantes-Metz, Practice Co-Leader, Global Antitrust & Competition - Brattle Bio  

 

Presentations

 



Competition and Payment Card Interchange Fees – Esteban Greco, Global Economics Group 

 

 
 
 
 
 

 

 

Suggested bibliography (Full bibliography available in the call for contributions)

 

See also: 

Competition Law and Policy in Latin America

 

Full list of OECD Competition Policy Roundtables


OECD Competition

Other virtual zoom meeting

27 September 2021: Meeting of the Latin American Regional Centre for Competition (CRC)

27 September 2021: Ibero-American Forum on Competition 

    

This conference is a paper-smart event organised in line with OECD greening policies.
Only copies of the programme will be available in the meeting room.