Pub Date : 2010-04-12DOI: 10.1787/CLP-10-5KMHBHP8690V
John W Clark
The OECD has been active in promoting competition policy among countries in Latin America and the Caribbean and formed a partnership with the Inter-American Development Bank to further this aim. The principal feature of this partnership has been the annual Latin American Competition Forum (LACF), at which senior officials from countries in the region discuss, in roundtable fashion, issues of competition policy of interest to them. Each of the first four Forums featured a peer review of one country in the region. At the fifth Forum held in 2007, work focused on the four Latin American peer review reports which had been produced in the framework of the Latin American Competition Forum (Brazil, Chile, Peru and Argentina) as well as the peer review of Mexico held in the OECD Competition Committee. This work assessed the impact that the peer reviews have had on competition policy and on the competition agencies in the countries concerned. “Peer review” is a core element of OECD work. The mechanisms of peer review vary, but it is founded upon the willingness of a country to submit its laws and policies to substantive questioning by other members of the international community. This process provides valuable insights to the reviewed country and promotes transparency and mutual understanding for the benefit of all.There is an emerging consensus on best practices in competition law enforcement and in applying competition policy principles to regulatory systems. Countries now co-operate regularly in such areas as anticartel enforcement and international mergers. Peer reviews are an important part of this process. The OECD and the IDB are pleased to have participated in this partnership for the promotion of competition policy in Latin America and the Caribbean. This work is consistent with the policies and goals of both organisations. Sound competition policy will promote economic growth and prosperity, bringing benefits to consumers in the region and substantially improving the business climate. Both organisations would like to thank the Government of El Salvador for volunteering to be peer reviewed at the sixth LACF meeting, held in Panama, on 10-11 September 2008. Finally, we want to thank Mr. John Clark, the author of the report, and the many competition officials whose written and oral contributions to the Forum have been so important to its success.
{"title":"Country Review: El Salvador","authors":"John W Clark","doi":"10.1787/CLP-10-5KMHBHP8690V","DOIUrl":"https://doi.org/10.1787/CLP-10-5KMHBHP8690V","url":null,"abstract":"The OECD has been active in promoting competition policy among countries in Latin America and the Caribbean and formed a partnership with the Inter-American Development Bank to further this aim. The principal feature of this partnership has been the annual Latin American Competition Forum (LACF), at which senior officials from countries in the region discuss, in roundtable fashion, issues of competition policy of interest to them. Each of the first four Forums featured a peer review of one country in the region. At the fifth Forum held in 2007, work focused on the four Latin American peer review reports which had been produced in the framework of the Latin American Competition Forum (Brazil, Chile, Peru and Argentina) as well as the peer review of Mexico held in the OECD Competition Committee. This work assessed the impact that the peer reviews have had on competition policy and on the competition agencies in the countries concerned. “Peer review” is a core element of OECD work. The mechanisms of peer review vary, but it is founded upon the willingness of a country to submit its laws and policies to substantive questioning by other members of the international community. This process provides valuable insights to the reviewed country and promotes transparency and mutual understanding for the benefit of all.There is an emerging consensus on best practices in competition law enforcement and in applying competition policy principles to regulatory systems. Countries now co-operate regularly in such areas as anticartel enforcement and international mergers. Peer reviews are an important part of this process. The OECD and the IDB are pleased to have participated in this partnership for the promotion of competition policy in Latin America and the Caribbean. This work is consistent with the policies and goals of both organisations. Sound competition policy will promote economic growth and prosperity, bringing benefits to consumers in the region and substantially improving the business climate. Both organisations would like to thank the Government of El Salvador for volunteering to be peer reviewed at the sixth LACF meeting, held in Panama, on 10-11 September 2008. Finally, we want to thank Mr. John Clark, the author of the report, and the many competition officials whose written and oral contributions to the Forum have been so important to its success.","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-04-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124448870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Swiss competition policy has traditionally been relatively lenient and low profile. The impact of competition policy on economic development has therefore been at best neutral. As the slow rate of growth becomes an issue, however, a more vigorous approach to competition has been identified as an important factor for improving growth prospects. The 2003 reform of the Cartel Act strengthened Swiss competition law, in particular by introducing direct sanctions for the most serious infringements and a leniency programme, thus bringing it closer to that of the European Union and of many other OECD countries. The Swiss Competition Commission has been given considerable new powers to combat private restraints of competition. Comco will have to enforce the new laws resolutely and step up action to promote regulatory reforms. In doing so, it is burdened by institutional arrangements and mechanisms that temper its full independence. The Swiss competition enforcers do not benefit from the networks of exchanges available to national competition authorities in EU member States. Matters are further complicated by a relative lack of resources. Strengthening competition is key for an effective internal market. The amendments to strengthen the Cartel Law and pending reform proposals signal determination on the part of the Confederation to tackle the problems. This report served as the basis for a peer review in the Competition Committee in 2005.
{"title":"Competition Law and Policy in Switzerland","authors":"P. Gugler","doi":"10.1787/CLP-V9-ART6-EN","DOIUrl":"https://doi.org/10.1787/CLP-V9-ART6-EN","url":null,"abstract":"Swiss competition policy has traditionally been relatively lenient and low profile. The impact of competition policy on economic development has therefore been at best neutral. As the slow rate of growth becomes an issue, however, a more vigorous approach to competition has been identified as an important factor for improving growth prospects. The 2003 reform of the Cartel Act strengthened Swiss competition law, in particular by introducing direct sanctions for the most serious infringements and a leniency programme, thus bringing it closer to that of the European Union and of many other OECD countries. The Swiss Competition Commission has been given considerable new powers to combat private restraints of competition. Comco will have to enforce the new laws resolutely and step up action to promote regulatory reforms. In doing so, it is burdened by institutional arrangements and mechanisms that temper its full independence. The Swiss competition enforcers do not benefit from the networks of exchanges available to national competition authorities in EU member States. Matters are further complicated by a relative lack of resources. Strengthening competition is key for an effective internal market. The amendments to strengthen the Cartel Law and pending reform proposals signal determination on the part of the Confederation to tackle the problems. This report served as the basis for a peer review in the Competition Committee in 2005.","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"10 31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115598340","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Competition policy played a central role in the development of the EU and its institutions. The European Commission, supported by the European courts, developed the framework for competition policy in Europe. This framework has been built since the Treaty of Rome in 1957 on a foundation of promoting market opening while strengthening the institutions of the European Community. The competition policy of the European Community is now in transition toward a basis in market-centered economic considerations, as well as on application through the now-extensive network of nationallevel authorities. The “modernisation” reforms of the enforcement process became effective in May 2004, along with changes in the control of mergers, and the Commission has been considering revisions to its policies about other topics, notably abuse of dominance and state aid. As the Member States adapt their substantive rules to those of the Community, the roles of the European Commission, the national competition agencies and the courts are changing. Co-ordination of enforcement among many agencies in the European Community, particularly concerning applications for leniency as part of cartel investigations, is increasingly important. The Commission moved to strengthen its capacity for economic analysis and to correct weaknesses in its decision process that had been revealed in critical court decisions. The challenge to this system, well adapted for administrative application, is to produce results that are convincing to the courts while maintaining policy consistency in a system of decentralised enforcement. This report served as the basis for a peer review in the Competition Committee in 2005.
{"title":"Competition Law and Policy in the European Union","authors":"Michael Wise","doi":"10.1787/CLP-V9-ART2-EN","DOIUrl":"https://doi.org/10.1787/CLP-V9-ART2-EN","url":null,"abstract":"Competition policy played a central role in the development of the EU and its institutions. The European Commission, supported by the European courts, developed the framework for competition policy in Europe. This framework has been built since the Treaty of Rome in 1957 on a foundation of promoting market opening while strengthening the institutions of the European Community. The competition policy of the European Community is now in transition toward a basis in market-centered economic considerations, as well as on application through the now-extensive network of nationallevel authorities. The “modernisation” reforms of the enforcement process became effective in May 2004, along with changes in the control of mergers, and the Commission has been considering revisions to its policies about other topics, notably abuse of dominance and state aid. As the Member States adapt their substantive rules to those of the Community, the roles of the European Commission, the national competition agencies and the courts are changing. Co-ordination of enforcement among many agencies in the European Community, particularly concerning applications for leniency as part of cartel investigations, is increasingly important. The Commission moved to strengthen its capacity for economic analysis and to correct weaknesses in its decision process that had been revealed in critical court decisions. The challenge to this system, well adapted for administrative application, is to produce results that are convincing to the courts while maintaining policy consistency in a system of decentralised enforcement. This report served as the basis for a peer review in the Competition Committee in 2005.","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-10-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115592019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This report on Mexico’s competition law and policy, which was the foundation for a peer review examination in early 2004, is a follow-up to a 1998 OECD assessment. Mexico’s competition commission (“CFC”) has become a mature and well-respected agency; however, the degree of general support for competition policy in Mexico remains an open question. The CFC has encountered problems in the courts, and its resources have declined despite an increasing workload. The 2004 report and peer review recommended a number of changes in operations and law to make enforcement and advocacy more effective. In 2006, Mexico revised its basic competition law to incorporate many of these recommendations, such as strengthening investigative powers for onsite inspections, increasing sanctions (including the possibility of orders to divest assets in case of serious, repeat violations) and providing for Senate approval of appointments to the CFC. In response to court rulings that some applications of the previous law were unconstitutional, the revised law now specifies when practices such as predatory pricing, exclusive dealing, cross subsidization and price discrimination would be violations. The merger notification system has been simplified. The amendments have also strengthened the CFC’s roles and powers of advocacy and policy advice in dealing with legislation, regulatory proceedings and other levels of government.
{"title":"Competition Law and Policy in Mexico, 2004","authors":"J. Shaffer","doi":"10.1787/CLP-V8-ART6-EN","DOIUrl":"https://doi.org/10.1787/CLP-V8-ART6-EN","url":null,"abstract":"This report on Mexico’s competition law and policy, which was the foundation for a peer review examination in early 2004, is a follow-up to a 1998 OECD assessment. Mexico’s competition commission (“CFC”) has become a mature and well-respected agency; however, the degree of general support for competition policy in Mexico remains an open question. The CFC has encountered problems in the courts, and its resources have declined despite an increasing workload. The 2004 report and peer review recommended a number of changes in operations and law to make enforcement and advocacy more effective. In 2006, Mexico revised its basic competition law to incorporate many of these recommendations, such as strengthening investigative powers for onsite inspections, increasing sanctions (including the possibility of orders to divest assets in case of serious, repeat violations) and providing for Senate approval of appointments to the CFC. In response to court rulings that some applications of the previous law were unconstitutional, the revised law now specifies when practices such as predatory pricing, exclusive dealing, cross subsidization and price discrimination would be violations. The merger notification system has been simplified. The amendments have also strengthened the CFC’s roles and powers of advocacy and policy advice in dealing with legislation, regulatory proceedings and other levels of government.","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"140 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2007-02-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133895342","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This report served as the basis of a peer review of the Turkish Competition Authority (TCA) held in the 2005 OECD Global Forum on Competition. It concluded that the TCA has achieved significant progress since its establishment in 1997. While noting the particular strengths of the TCA, the report makes a wide range of recommendations to address the full array of still persisting competition law and policy issues in Turkey. These recommendations are expected to improve the effectiveness of the implementation of competition law and policy in Turkey.
{"title":"Competition Law and Policy in Turkey","authors":"J. Shaffer","doi":"10.1787/CLP-V8-ART4-EN","DOIUrl":"https://doi.org/10.1787/CLP-V8-ART4-EN","url":null,"abstract":"This report served as the basis of a peer review of the Turkish Competition Authority (TCA) held in the 2005 OECD Global Forum on Competition. It concluded that the TCA has achieved significant progress since its establishment in 1997. While noting the particular strengths of the TCA, the report makes a wide range of recommendations to address the full array of still persisting competition law and policy issues in Turkey. These recommendations are expected to improve the effectiveness of the implementation of competition law and policy in Turkey.","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128868647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Germany's post-war competition law has been notably successful, and the enforcement body, the Bundeskartellamt, is widely respected. German institutions are now challenged to adapt to the modernised EU enforcement approach. Germany's institutional structure has supported competition well within its defined sphere; however, it may not be as well adapted to promoting competition in liberalising network sectors
{"title":"Competition Law and Policy in Germany","authors":"Michael Wise","doi":"10.1787/CLP-V7-ART5-EN","DOIUrl":"https://doi.org/10.1787/CLP-V7-ART5-EN","url":null,"abstract":"Germany's post-war competition law has been notably successful, and the enforcement body, the Bundeskartellamt, is widely respected. German institutions are now challenged to adapt to the modernised EU enforcement approach. Germany's institutional structure has supported competition well within its defined sphere; however, it may not be as well adapted to promoting competition in liberalising network sectors","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133570080","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Competition law in France applies EU norms about restrictive agreements and abuses. The two institutions that apply the law must deal with its conflicting purposes concerning unfair competition, and with subtleties of policy choice and jurisdiction concerning the reform of infrastructure monopolies. The Director General of the DGCCRF and the chair of the Conseil de la Concurrence from France made some remarks on the Secretariat report. These introductory remarks to the peer review of France by the Competition Committee in October 2003 are in annex to this report.
{"title":"Competition Law and Policy in France","authors":"Michael Wise","doi":"10.1787/CLP-V7-ART2-EN","DOIUrl":"https://doi.org/10.1787/CLP-V7-ART2-EN","url":null,"abstract":"Competition law in France applies EU norms about restrictive agreements and abuses. The two institutions that apply the law must deal with its conflicting purposes concerning unfair competition, and with subtleties of policy choice and jurisdiction concerning the reform of infrastructure monopolies. The Director General of the DGCCRF and the chair of the Conseil de la Concurrence from France made some remarks on the Secretariat report. These introductory remarks to the peer review of France by the Competition Committee in October 2003 are in annex to this report.","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"107 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-08-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131660147","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Competition policy was at the centre of market-driven reforms since the late 1980s that restructured Finland’s network monopolies and eliminated the many vestiges of corporatist control. The pace of change is slower now, as the role of market institutions in providing traditional government services presents novel and difficult issues about quality, equity, efficiency, and choice. The role of the competition body, the Finnish Competition Authority (FCA), is also changing. In the previous stages, its principal path of influence, after it made a mark with a strong early enforcement program against tolerated price fixing, was through advice and advocacy. As competitive markets are...
{"title":"Competition Law and Policy in Finland","authors":"Michael Wise","doi":"10.1787/CLP-V6-ART9-EN","DOIUrl":"https://doi.org/10.1787/CLP-V6-ART9-EN","url":null,"abstract":"Competition policy was at the centre of market-driven reforms since the late 1980s that restructured Finland’s network monopolies and eliminated the many vestiges of corporatist control. The pace of change is slower now, as the role of market institutions in providing traditional government services presents novel and difficult issues about quality, equity, efficiency, and choice. The role of the competition body, the Finnish Competition Authority (FCA), is also changing. In the previous stages, its principal path of influence, after it made a mark with a strong early enforcement program against tolerated price fixing, was through advice and advocacy. As competitive markets are...","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-04-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116838290","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Russian Federation is the first non-member economy to participate in the OECD Regulatory Reform Programme. This review aims to assist the Russian authorities’ efforts to foster competition, innovation, and economic growth as well as to meet important social objectives. It follows a multidisciplinary approach, with competition policy as one of the several areas under review. This Secretariat report served as a basis for a peer review in the Global Forum on Competition in Paris on 13 February 2004. It concludes that although a strong...
{"title":"Competition Law and Policy in Russia","authors":"S. Reynolds","doi":"10.1787/CLP-V6-ART6-EN","DOIUrl":"https://doi.org/10.1787/CLP-V6-ART6-EN","url":null,"abstract":"The Russian Federation is the first non-member economy to participate in the OECD Regulatory Reform Programme. This review aims to assist the Russian authorities’ efforts to foster competition, innovation, and economic growth as well as to meet important social objectives. It follows a multidisciplinary approach, with competition policy as one of the several areas under review. This Secretariat report served as a basis for a peer review in the Global Forum on Competition in Paris on 13 February 2004. It concludes that although a strong...","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2005-01-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133758866","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Effective competition law and policy are critical to achieving greater levels of economic efficiency, growth, employment and living standards. Pro-competitive reform and sound competition law enforcement have delivered dramatic price reductions, a proliferation of new products, superior quality and service and enhanced innovation wherever they have been embraced. Perhaps more importantly, they have strong links with key pillars of economic growth and development such as investment, governance, the cultivation of an entrepreneurial class, privatisation and trade. Achieving a better appreciation and understanding of these benefits and links is essential to making continued progress in removing ...
{"title":"Preventing Market Abuses and Promoting Economic Efficiency, Growth and Opportunity","authors":"T. Winslow","doi":"10.1787/CLP-V6-ART2-EN","DOIUrl":"https://doi.org/10.1787/CLP-V6-ART2-EN","url":null,"abstract":"Effective competition law and policy are critical to achieving greater levels of economic efficiency, growth, employment and living standards. Pro-competitive reform and sound competition law enforcement have delivered dramatic price reductions, a proliferation of new products, superior quality and service and enhanced innovation wherever they have been embraced. Perhaps more importantly, they have strong links with key pillars of economic growth and development such as investment, governance, the cultivation of an entrepreneurial class, privatisation and trade. Achieving a better appreciation and understanding of these benefits and links is essential to making continued progress in removing ...","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-10-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115262464","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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