Competition cases are complex and often based on economic principles. The 2018 CLIP Competition Primers for ASEAN Judges are a series of information sheets designed to offer practical guidance to members of the judiciary when analysing competition cases in their courts.
These Primers bring together the Federal Court of Australia's very rich technical knowledge and first-hand experience with the OECD's international experience working with judges and knowledge of the ASEAN region and laws.
These Primers are part of the OECD strong engagement with Asia and, in particular with ASEAN, in helping to further the implementation of the ambitious ASEAN Competition Action Plan (ACAP) 2016-2025. This project was funded under the ASEAN-Australia and New Zealand Free Trade Agreement (AANZFTA) Competition Law Implementation Program.
The Primers were launched during the 8th OECD/KPC Competition Law Seminar for Asia-Pacific Judges held in Jakarta, Indonesia on 10-12 October 2018.
Past OECD/Korea Policy Centre Competition Law Workshops for Asia-Pacific Judges
» Use of Competition Economics in the courtroom (Jeju, Korea – 5-7 October 2016) (Agenda)
» The Use of Competition Economics (Busan, Korea – 13-15 October 2015) (Agenda)
» Evidence in Cartel Proceedings (Seoul, Korea – 15-17 October 2014) (Agenda)
» Competition Law Workshop for Judges (Gyeongju, Korea – 22-24 October 2013) (Agenda)
» Workshop for Judges on Abuse of Dominance (Beijing, China – 28-29 November 2012) (Annual Report 2012)
» Competition Workshop for Judges in the Asian Region (Seoul, Korea – 2-4 November 2011) (Newsletter, June 2012)
A full list of events organised by the OECD/Korea Policy Centre, Competition Programme can be found here.
Other OECD Initiatives with Competition Judges
The OECD has undertaken a number of roundtables with judges in the context of both the Competition Committee and the Global Forum on Competition.
In 2017, the Global Forum on Competition held a roundtable with judges on Judicial perspectives on competition law, addressing various dimensions of the judicial adjudication of competition law. While recognising the differences that exist across jurisdictions, the discussion tried to elicit the main common challenges that judges face when applying competition law, and find ways to address those challenges. All materials related to this discussion can be found here.
Other relevant Competition Committee roundtables include: Presenting Complex Economic Theories to Judges, 2008, and Procedural Fairness: Competition Authorities, Courts and Recent Developments, 2011.
The OECD has also published reports concerning the courts’ role in the review of competition law cases such as, for instance, the 2016 report on The resolution of competition cases by specialised and generalist courts: Stocktaking of international experiences.
Finally, since 1996, seminars for national judges have been held in Mexico, Russia, Southern Africa and Brazil.
For further information or if you have any questions, please contact:
Other OECD Work
Abuse of dominance & monopolisation
Cartels & anti-competitive agreements
Liberalisation & intervention in regulated sectors
Key materials, Tools & Guidance
Global Forum on Competition
Latin American and Caribbean Competition Forum