This report analyses the institutional set up and use of policy instruments to regulate the gas and electricity sectors and the liberal professions in the United Kingdom. In the energy sector, the pace and scope of reform have been, and is prospectively, very rapid. However, there are still some tensions between the energy regulator and the competition authority, and some specific energy regulatory issues arise from the extension of market frameworks into areas previously controlled by traditional natural monopoly regulation. Also the interface of energy market regulation and social and environmental issues appears partly blurred. The report focuses as well on Professions, a significant component of the services sector, which is thriving in the UK. It discusses the process and outcomes from the recent extension of the UK competition law to cover professions, which ...
{"title":"Review of Sectoral Reforms in the United Kingdom: Energy and the Professions","authors":"D. Parker","doi":"10.1787/CLP-V6-ART4-EN","DOIUrl":"https://doi.org/10.1787/CLP-V6-ART4-EN","url":null,"abstract":"This report analyses the institutional set up and use of policy instruments to regulate the gas and electricity sectors and the liberal professions in the United Kingdom. In the energy sector, the pace and scope of reform have been, and is prospectively, very rapid. However, there are still some tensions between the energy regulator and the competition authority, and some specific energy regulatory issues arise from the extension of market frameworks into areas previously controlled by traditional natural monopoly regulation. Also the interface of energy market regulation and social and environmental issues appears partly blurred. The report focuses as well on Professions, a significant component of the services sector, which is thriving in the UK. It discusses the process and outcomes from the recent extension of the UK competition law to cover professions, which ...","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"6 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":"114889834","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 question of who owns our newspapers, television and radio is vital to democracy. The information and opinion we draw on must reflect a range of different voices and views if we are to be able to understand and debate the issues of the day. The Government’s task is to create a framework for media ownership which protects that plurality of voices and encourages a diversity of content whilst, at the same time, promoting the most competitive market for media businesses and attracting new investment ...
{"title":"Media Mergers: Background Note","authors":"Gary Hewitt","doi":"10.1787/CLP-V5-ART16-EN","DOIUrl":"https://doi.org/10.1787/CLP-V5-ART16-EN","url":null,"abstract":"The question of who owns our newspapers, television and radio is vital to democracy. The information and opinion we draw on must reflect a range of different voices and views if we are to be able to understand and debate the issues of the day. The Government’s task is to create a framework for media ownership which protects that plurality of voices and encourages a diversity of content whilst, at the same time, promoting the most competitive market for media businesses and attracting new investment ...","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"151 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123396848","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}
One of the elements of South Africa’s peaceful revolution over the last decade was reform of its competition policy institutions. The previous system had supported the previous economic system, characterised by autarky, protection, government direction, and high concentration. The new system promised to use competition policy to correct the faults of the old system and to promote policy goals of employment and empowerment. South Africa aspires to a modern competition policy regime, to deal with the well-resourced sophistication of much of the South African economy. Its new institutions, whose novelty responds in large part to the post-1994 imperative for fundamental restructuring of government institutions, have shown a capacity to deal confidently with complex structural issues in deciding dozens of merger cases. A legalistic business and government culture has challenged these new bodies to prove their competence and tested their jurisdiction. Now that the merger review process has been established, more attention should be paid to non-merger matters and probably to advocacy as well. Resources are stretched, and there is a critical need to improve the depth and strengthen the capacity of the professional staff. Maintaining consistent competition policy in regulated sectors will requiring reinforcing the relationships with sectoral regulators ...
{"title":"Competition Law and Policy in South Africa","authors":"Michael Wise","doi":"10.1787/CLP-V5-ART14-EN","DOIUrl":"https://doi.org/10.1787/CLP-V5-ART14-EN","url":null,"abstract":"One of the elements of South Africa’s peaceful revolution over the last decade was reform of its competition policy institutions. The previous system had supported the previous economic system, characterised by autarky, protection, government direction, and high concentration. The new system promised to use competition policy to correct the faults of the old system and to promote policy goals of employment and empowerment. South Africa aspires to a modern competition policy regime, to deal with the well-resourced sophistication of much of the South African economy. Its new institutions, whose novelty responds in large part to the post-1994 imperative for fundamental restructuring of government institutions, have shown a capacity to deal confidently with complex structural issues in deciding dozens of merger cases. A legalistic business and government culture has challenged these new bodies to prove their competence and tested their jurisdiction. Now that the merger review process has been established, more attention should be paid to non-merger matters and probably to advocacy as well. Resources are stretched, and there is a critical need to improve the depth and strengthen the capacity of the professional staff. Maintaining consistent competition policy in regulated sectors will requiring reinforcing the relationships with sectoral regulators ...","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133254287","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 unusually complex competition policy institutions of the UK include a Commission that is concerned about the “public interest” in monopolies and market practices, the Director General of Fair Trading who enforces a competition law that is now modelled on European law, and many regulators who are also responsible for enforcing the same competition law in their sectors. Stronger powers under the Competition Act 1998 make enforcement more credible now, but still more changes are likely, notably concerning mergers and monopolies...
英国的竞争政策机构异常复杂，包括一个关注垄断和市场行为中的“公共利益”的委员会(Commission)、执行目前以欧洲法律为模板的竞争法的公平贸易总局(Director of Fair Trading)，以及许多监管机构，它们也负责在各自的行业执行同样的竞争法。1998年《竞争法》下更强大的权力使执法更加可信，但仍有可能发生更多变化，特别是在合并和垄断方面……
{"title":"Review of Competition Law and Policy in the United Kingdom","authors":"Michael Wise","doi":"10.1787/CLP-V5-ART11-EN","DOIUrl":"https://doi.org/10.1787/CLP-V5-ART11-EN","url":null,"abstract":"The unusually complex competition policy institutions of the UK include a Commission that is concerned about the “public interest” in monopolies and market practices, the Director General of Fair Trading who enforces a competition law that is now modelled on European law, and many regulators who are also responsible for enforcing the same competition law in their sectors. Stronger powers under the Competition Act 1998 make enforcement more credible now, but still more changes are likely, notably concerning mergers and monopolies...","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"116 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2004-01-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121343381","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}
Poland’s 1990 competition law, which supported its transition restructuring, now substantively follows the rules of the EU treaty. But enforcement still focuses on abuses by successors to pre-reform monopolies. Competition enforcement agency by the Office of Competition and Consumer Protection (OCCP) is combined with consumer protection and monitoring state aids, while Antimonopoly Court integrates regulatory policies by deciding cases about infrastructure regulation. Clarifying the OCCP’s independence from the government will support the integrity of law enforcement as well as a more publicly visible advocacy role.
{"title":"Review of Competition Law and Policy in Poland","authors":"Michael Wise","doi":"10.1787/CLP-V5-ART7-EN","DOIUrl":"https://doi.org/10.1787/CLP-V5-ART7-EN","url":null,"abstract":"Poland’s 1990 competition law, which supported its transition restructuring, now substantively follows the rules of the EU treaty. But enforcement still focuses on abuses by successors to pre-reform monopolies. Competition enforcement agency by the Office of Competition and Consumer Protection (OCCP) is combined with consumer protection and monitoring state aids, while Antimonopoly Court integrates regulatory policies by deciding cases about infrastructure regulation. Clarifying the OCCP’s independence from the government will support the integrity of law enforcement as well as a more publicly visible advocacy role.","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123127465","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 is a strong building block foundation of market economies. Development of competition policies in South East Europe (“SEE”) aims at creating a level playing field for investment, which is of major importance for the economic progress of the countries in the region. In 2001, a comprehensive programme for building capacities of SEE competition authorities was launched as a contribution to stability, sustainable growth and welfare in the region. Funded by the South East Europe Compact for Reform, Investment, Integrity and Growth, it was organised by the OECD Competition Division in partnership with the competition authorities of Bulgaria, Former Yugoslav Republic of Macedonia, and Slovenia. The long-term objectives of the programme were to strengthen national competition authorities of the region as law enforcers and advocates for economic reform based on competition principles. A major objective was also to support the establishment of intra-regional co-operation in the competition policy area. This concluding report draws on the experiences and the documentation produced by the representatives of SEE competition authorities, and provides an overview of the competition regimes in the SEE countries.
{"title":"Competition Law and Policy in South East Europe","authors":"Lennart Goranson, János Volkai","doi":"10.1787/CLP-V5-ART6-EN","DOIUrl":"https://doi.org/10.1787/CLP-V5-ART6-EN","url":null,"abstract":"Competition policy is a strong building block foundation of market economies. Development of competition policies in South East Europe (“SEE”) aims at creating a level playing field for investment, which is of major importance for the economic progress of the countries in the region. In 2001, a comprehensive programme for building capacities of SEE competition authorities was launched as a contribution to stability, sustainable growth and welfare in the region. Funded by the South East Europe Compact for Reform, Investment, Integrity and Growth, it was organised by the OECD Competition Division in partnership with the competition authorities of Bulgaria, Former Yugoslav Republic of Macedonia, and Slovenia. The long-term objectives of the programme were to strengthen national competition authorities of the region as law enforcers and advocates for economic reform based on competition principles. A major objective was also to support the establishment of intra-regional co-operation in the competition policy area. This concluding report draws on the experiences and the documentation produced by the representatives of SEE competition authorities, and provides an overview of the competition regimes in the SEE countries.","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-09-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129790666","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}
Important issues in competition policy in Canada today are the independence and powers of the institutions and the balance between competition policy principles and national interests. The foundations of policy are being tested in merger litigation over the meaning of efficiency. Enforcement against cartels is complicated by a need to show that restraints are “undue.” Canada's “conformity continuum” offers an important, distinctive contribution to enforcement practice. Responses to controversies sometimes appear ad hoc, but the outcomes, such as the laws about banking mergers and about airlines, have recognised competition concerns. Policy options for consideration include finding other means to promote the goals now served by ownership controls, reviewing the scope of federal and provincial regulatory constraints on competition, clarifying the scope of the Commissioner's decision-making independence, and making enforcement more efficient by providing for private action, improving the decision process, and clarifying the anti-cartel principle.
{"title":"Review of Competition Law and Policy in Canada","authors":"Michael Wise","doi":"10.1787/CLP-V5-ART3-EN","DOIUrl":"https://doi.org/10.1787/CLP-V5-ART3-EN","url":null,"abstract":"Important issues in competition policy in Canada today are the independence and powers of the institutions and the balance between competition policy principles and national interests. The foundations of policy are being tested in merger litigation over the meaning of efficiency. Enforcement against cartels is complicated by a need to show that restraints are “undue.” Canada's “conformity continuum” offers an important, distinctive contribution to enforcement practice. Responses to controversies sometimes appear ad hoc, but the outcomes, such as the laws about banking mergers and about airlines, have recognised competition concerns. Policy options for consideration include finding other means to promote the goals now served by ownership controls, reviewing the scope of federal and provincial regulatory constraints on competition, clarifying the scope of the Commissioner's decision-making independence, and making enforcement more efficient by providing for private action, improving the decision process, and clarifying the anti-cartel principle.","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124317475","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}
Le secteur de l'electricite joue un role cle dans l'economie de la Federation de Russie et pour le bien-etre de ses citoyens. Deja partiellement privatise, ce secteur a connu sur le plan de la reforme de ses structures et de sa reglementation des hauts et des bas. Dans le cadre d'un soutien actif a long terme des efforts de reforme de la Federation russe, une reunion s'est tenue a Moscou en mai 2001 au niveau des experts des pays membres de l'OCDE et des responsables russes pour discuter des lecons a tirer de l'experience en matiere de reforme de ce secteur des pays de l'OCDE. Les principales recommandations ont porte sur la restructuration – assurer une deconcentration suffisante au niveau de la production et un controle non discriminatoire a l'acces au reseau par des entreprises distinctes au niveau de la production et de la transmission – la formation des prix au niveau de la transmission, le service universel, les modalites institutionnelles (en donnant au regulateur independant des objectifs transparents ainsi que des pouvoirs) et les dispositions en periode de transition. La Russie est un cas unique mais beaucoup de considerations politiques qui lui sont destinees s'appliquent egalement a de nombreux autres pays.
{"title":"Le secteur de l'lectricit en Russie","authors":"Sally van Siclen","doi":"10.1787/CLP-V4-ART16-FR","DOIUrl":"https://doi.org/10.1787/CLP-V4-ART16-FR","url":null,"abstract":"Le secteur de l'electricite joue un role cle dans l'economie de la Federation de Russie et pour le bien-etre de ses citoyens. Deja partiellement privatise, ce secteur a connu sur le plan de la reforme de ses structures et de sa reglementation des hauts et des bas. Dans le cadre d'un soutien actif a long terme des efforts de reforme de la Federation russe, une reunion s'est tenue a Moscou en mai 2001 au niveau des experts des pays membres de l'OCDE et des responsables russes pour discuter des lecons a tirer de l'experience en matiere de reforme de ce secteur des pays de l'OCDE. Les principales recommandations ont porte sur la restructuration – assurer une deconcentration suffisante au niveau de la production et un controle non discriminatoire a l'acces au reseau par des entreprises distinctes au niveau de la production et de la transmission – la formation des prix au niveau de la transmission, le service universel, les modalites institutionnelles (en donnant au regulateur independant des objectifs transparents ainsi que des pouvoirs) et les dispositions en periode de transition. La Russie est un cas unique mais beaucoup de considerations politiques qui lui sont destinees s'appliquent egalement a de nombreux autres pays.","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125880216","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 electricity sector plays a vital role in the economy of Russia and the well being of its citizens. Already partly privatised, reform of the structure and regulation of the sector has been on and off the political agenda for years. As part of the OECD’s long-term active support for reform efforts in the Russian Federation, a meeting was held in Moscow in May 2001 among experts from OECD member countries and Russian officials to discuss what could be learned from the experiences of reform in electricity sectors in OECD countries. Key recommendations addressed restructuring – ensuring sufficient deconcentration in generation and independent, non-discriminatory control of grid access by separate ownership of generation and transmission – transmission pricing, universal service, institutional arrangements – empowering an independent regulator with transparent objectives, powers, processes and decisions – and transitional arrangements. Russia is unique, but many of the policy considerations in Russia will also be important in many other countries.
{"title":"The Electricity Sector in Russia","authors":"S. V. Siclen","doi":"10.1787/CLP-V4-ART16-EN","DOIUrl":"https://doi.org/10.1787/CLP-V4-ART16-EN","url":null,"abstract":"The electricity sector plays a vital role in the economy of Russia and the well being of its citizens. Already partly privatised, reform of the structure and regulation of the sector has been on and off the political agenda for years. As part of the OECD’s long-term active support for reform efforts in the Russian Federation, a meeting was held in Moscow in May 2001 among experts from OECD member countries and Russian officials to discuss what could be learned from the experiences of reform in electricity sectors in OECD countries. Key recommendations addressed restructuring – ensuring sufficient deconcentration in generation and independent, non-discriminatory control of grid access by separate ownership of generation and transmission – transmission pricing, universal service, institutional arrangements – empowering an independent regulator with transparent objectives, powers, processes and decisions – and transitional arrangements. Russia is unique, but many of the policy considerations in Russia will also be important in many other countries.","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-04-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124059044","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}
Sectoral reforms in Ireland have been an important part of the move toward market-based growth but as yet progress has varied among the sectors. Work by the OECD and by other organisations indicates that a range of key regulatory and competition issues remain in many sectors. In this report, we examine selected issues in electricity, gas and professional services, using legal services and pharmacies as case studies.
{"title":"Review of Sectoral Reforms in Ireland","authors":"S. V. Siclen","doi":"10.1787/CLP-V4-ART5-EN","DOIUrl":"https://doi.org/10.1787/CLP-V4-ART5-EN","url":null,"abstract":"Sectoral reforms in Ireland have been an important part of the move toward market-based growth but as yet progress has varied among the sectors. Work by the OECD and by other organisations indicates that a range of key regulatory and competition issues remain in many sectors. In this report, we examine selected issues in electricity, gas and professional services, using legal services and pharmacies as case studies.","PeriodicalId":348160,"journal":{"name":"Oecd Journal: Competition Law and Policy","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2002-09-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129572165","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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