Economic analysis and evidence in abuse cases

7 December 2021 Zoom

THE 2021 OECD GLOBAL FORUM ON COMPETITION DISCUSSED ECONOMIC ANALYSIS AND EVIDENCE IN ABUSE CASES

The enforcement of laws against the abuse of dominance or monopolisation by firms with substantial market power can involve significant challenges. The theories of harm, rooted in economic concepts, depend significantly on the conditions in a particular market – conduct that is harmful in one case may be procompetitive in another. Thus, there is a need to conduct a careful economic assessment of the conduct in question. A range of economic tools and evidence will be needed in this process.

This roundtable discussion sought to provide practical advice on a range of topics associated with analysis in abuse (or monopolisation) cases, including:

What theories of harm may apply, and what is the economic basis for these theories?
What analytical techniques can be used to assess these theories, and what types of evidence are needed to use them?
How should authorities proceed in gathering evidence in abuse cases, and what strategies can authorities use when quantitative evidence is limited?
What other practical issues should authorities consider when undertaking analysis of abuse cases, for instance with respect to having the right expertise?

In December 2021, the OECD Global Forum on Competition featured an expert panel discussion and breakout discussions that encouraged the sharing of experiences among delegates.

gfc-evidence-abuse-cases

» Global Forum home page‌

Speakers

	Claudio CALCAGNO Bio ‌ Director GMT Economics
	Helen JENKINS Bio ‌ Managing Partner Oxera
	Simon ROBERTS Bio ‌ Professor University of Johannesburg
	Elizabeth XIAO-RU WANG Bio ‌ Executive Vice President Compass Lexecon

Documents

Call for contributions

Background note by Simon Roberts
Summaries of contributions
Contributions

Albania
Brazil
Canada
Colombia
Fiji
Greece
Israel
Japan
Kenya
Korea

Latvia
Mexico
Russian Federation
Slovenia
South Africa
Chinese Taipei
Turkey
Ukraine
BIAC

Global Forum blog series

Blog #1: Trade and Competition: Best Friends Forever?

Blog #2: What can economics contribute to abuse of dominance investigations?

Blog #3: The important role of competition authorities in promoting competitive neutrality

Videos

Helen Jenkins and the assessment of market power in abuse cases

Simon Roberts and the fundamentals of economic analysis in abuse cases

Abuse of Dominance explained in 7 minutes

Breakout sessions

Break-out Session 1 – Techniques and evidence for assessing market power – GREECE

Presentations

Economic analysis and evidence in abuse cases – Helen JENKINS

Economic analysis and evidence in abuse cases – Elizabeth XIAO-RU WANG

Economic analysis and evidence in abuse cases – Claudio CALCAGNO

Break-out Session 1 – Techniques and evidence for assessing market power – PHILIPPINES

Break-out Session 1 – Techniques and evidence for assessing market power – RUSSIAN FEDERATION

Break-out Session 1 – Techniques and evidence for assessing market power – BRAZIL

Break-out Session 1 – Techniques and evidence for assessing market power – MEXICO

Break-out Session 1 – Techniques and evidence for assessing market power – PERU

Break-out Session 1 – Techniques and evidence for assessing market power – SOUTH AFRICA

Break-out Session 3 – Techniques and evidence for assessing predatory pricing, margin squeeze and exploitative abuses – KOREA

Break-out Session 3 – Techniques and evidence for assessing predatory pricing, margin squeeze and exploitative abuses – ALBANIA

Break-out Session 3 – Techniques and evidence for assessing predatory pricing, margin squeeze and exploitative abuses – KENYA

Break-out Session 2 – Techniques and evidence for assessing exclusive dealing and bundling – TURKEY

Break-out Session 2 – Techniques and evidence for assessing exclusive dealing and bundling – INDIA

Break-out Session 2 – Techniques and evidence for assessing exclusive dealing and bundling – SWEDEN

Break-out Session 2 – Techniques and evidence for assessing exclusive dealing and bundling – UNITED STATES

Break-out Session 2 – Techniques and evidence for assessing exclusive dealing and bundling – CHILE

Break-out Session 2 – Techniques and evidence for assessing exclusive dealing and bundling – MEXICO

Break-out Session 3 – Techniques and evidence for assessing predatory pricing, margin squeeze and exploitative abuses – CHINESE TAIPEI

Break-out Session 3 – Techniques and evidence for assessing predatory pricing, margin squeeze and exploitative abuses – INDONESIA

Break-out Session 3 – Techniques and evidence for assessing predatory pricing, margin squeeze and exploitative abuses – FIJI