Co-operative Antitrust in Remedy Design

As markets grow in complexity and scale, more co-operative approaches on remedies can improve enforcement effectiveness and prevent conflicting outcomes.

Engaging with key stakeholders – including parties, third parties, sector regulators and other public bodies – can enhance agencies’ understanding of market dynamics while providing for market-testing of remedy proposals, identifying viable alternatives and supporting the effective implementation of remedies.

In December 2025, the OECD held a roundtable discussion to share best practices and experiences and explore mechanisms for co-operation with stakeholders during remedy design. The discussion explored the design of remedies in competition enforcement, with a particular focus on the value of co-operation and examine the architecture of co-operation as well as mechanisms and challenges involved in fostering collaboration.

This page contains all session information and materials.

The discussion emphasised that, as markets become increasingly complex, effective engagement with stakeholders is vital for designing and implementing remedies that deliver results. After examining mechanisms for co-operation in remedy design across antitrust cases, market investigations as well as merger reviews, the discussion showed that:

• The sharing of experiences reaffirmed that robust collaboration across both public and private stakeholders is essential for effective competition enforcement in today’s dynamic markets.

• It revealed the need to continue refining the tools to cooperate more effectively with all types of stakeholders to achieve the common aim: effective remedies.

• It is relevant to take stock of what has worked and has not worked when engaging with other parties, as well as challenges and strategies to overcome those.

• Market testing was revealed to be the most useful tool to gather views from different agents. 

OECD Background note | Note de référence de l'OCDE