International co-operation in competition law enforcement is at the core of the OECD competition-related work.
As part of this work, the OECD Competition Division has put together a list of 22 bilateral government-to-government co-operation agreements where at least one of the signatories is an OECD country (last updated November 2022). It includes two special co-operation agreements on positive comity.
In addition, the OECD Competition Division created an inventory of key provisions from these agreements, which could be useful for the negotiation or interpretation of co-operation agreements. Each section of the inventory of provisions is presented separately , along with the relevant provision of the 2014 OECD Recommendation concerning International Co-operation on Competition Investigations and Proceedings and a list of the relevant clauses out of the 17 bilateral co-operation agreements.
Where appropriate, the list of relevant clauses includes provisions out of five second generation agreements (i.e. agreements with provisions enabling the exchange of confidential information under certain circumstances, without seeking prior consent from the source of the information), as well as two special co-operation agreements on positive comity.
Competition authorities who would like to submit updates of new/amended agreements are welcome to send them to Antonio Capobianco (Antonio.Capobianco@oecd.org).
INVENTORY OF INTERNATIONAL CO-OPERATION AGREEMENTS
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