The enforcement of laws against the abuse of dominance or monopolisation by firms with substantial market power can involve significant challenges. The theories of harm, rooted in economic concepts, depend significantly on the conditions in a particular market – conduct that is harmful in one case may be procompetitive in another. Thus, there is a need to conduct a careful economic assessment of the conduct in question. A range of economic tools and evidence will be needed in this process.
This roundtable discussion sought to provide practical advice on a range of topics associated with analysis in abuse (or monopolisation) cases, including:
- What theories of harm may apply, and what is the economic basis for these theories?
- What analytical techniques can be used to assess these theories, and what types of evidence are needed to use them?
- How should authorities proceed in gathering evidence in abuse cases, and what strategies can authorities use when quantitative evidence is limited?
- What other practical issues should authorities consider when undertaking analysis of abuse cases, for instance with respect to having the right expertise?
In December 2021, the OECD Global Forum on Competition featured an expert panel discussion and breakout discussions that encouraged the sharing of experiences among delegates.
