Agency co-operation in the enforcement of competition cases with a cross-border dimension is a necessity in a globalised and increasingly digitalised global economy. The OECD has actively promoted international enforcement co-operation for more than 50 years, and recent OECD Reports show that impressive progress was made. However, recent analysis also shows that in particular legal obstacles are persistent. They stand in the way of more advanced forms of international co-operation, such as the exchange of confidential information, investigative assistance or enhanced enforcement co-operation.
Other areas of law enforcement, for example financial markets, taxation, criminal law, or the patent system, face similar cross-border issues and have sought and found ways to address them. In June 2022, the OECD held a Hearing to explore examples for legal models and instruments that are in place in other areas of law enforcement, and informed about solutions to, for example,
- Notify enforcement action and cases
- Exchange confidential information
- Engage in parallel enforcement action
- Provide investigative assistance
- Engage in enhanced forms of co-operation such as joint case teams, lead agency models, one-stop-shop systems, or recognition of foreign decisions.
The insights gained could inform co-operation models and instruments that would be suitable to advance competition enforcement co-operation.
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