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Competition

Thinking out of the Competition Box: Enforcement Co-operation in Other Policy Areas

 

 21 June 2022  Paris

Agency co-operation in the enforcement of competition cases with a cross-border dimension is a necessity in a globalised and increasingly digitalised global economy. The OECD has actively promoted international enforcement co-operation for more than 50 years, and recent OECD Reports show that impressive progress was made. However, recent analysis also shows that in particular legal obstacles are persistent. They stand in the way of more advanced forms of international co-operation, such as the exchange of confidential information, investigative assistance or enhanced enforcement co-operation.

Other areas of law enforcement, for example financial markets, taxation, criminal law, or the patent system, face similar cross-border issues and have sought and found ways to address them. In June 2022, the OECD held a Hearing to explore examples for legal models and instruments that are in place in other areas of law enforcement, and informed about solutions to, for example,

  • Notify enforcement action and cases
  • Exchange confidential information
  • Engage in parallel enforcement action
  • Provide investigative assistance
  • Engage in enhanced forms of co-operation such as joint case teams, lead agency models, one-stop-shop systems, or recognition of foreign decisions.

The insights gained could inform co-operation models and instruments that would be suitable to advance competition enforcement co-operation.

All related documentation are available on this page. 

See the full list of best practice roundtables on competition

Invited Speakers

Paul Hondius   
Senior Advisor, Centre for Tax Policy and Administration, OECD

William Loo   
Deputy Head, Anti-Corruption Division, OECD

Balazs Garamvölgyi   
Anti-Corruption Analyst, Anti-Corruption Division, OECD

Isabel Pastor Bio   
Head of Enforcement & Cooperation and Senior Advisor, Special Projects, IOSCO

Piotr Radomski 
Prosecutor, Bureau of International Cooperation, National Prosecutor’s Office, Poland

Key document
thinking-out-of-competition-box-cover

O‌ECD Background Note

Videos

Legal framework for international co-operation at IOSCO

International law enforcement co-operation in fighting foreign bribery

Joint investigation teams l EUROJUST Link to an external site icon

Presentations

Isabel Pastor

Paul Hondius, OECD Tax Policy and Administration Centre

William Loo & Balazs, OECD Anti-corruption division

Related best practice roundtables

Competition provisions in trade agreements (2019)

Benefits and challenges of regional competition agreements (2018)

Challenges and co-ordination of leniency programmes (2018)

Extraterritorial reach of competition remedies (2017)

Enhanced Enforcement Co-operation (2014)

Improving International Cooperation (2012)

Cross-Border Merger Control: Challenges for Developing and Emerging Economies (2011)

Report on Positive Comity (1999)

 

See also

International Co-operation on Competition Investigations and Proceedings: Progress in implementing the 2014 OECD Recommendation (2022)

National and international provisions for the exchange of confidential information between competition agencies without waivers (2013)

Limitations and constraints to international co-operation (2012) 

International co-operation in competition

OECD Recommendation concerning International Co-operation on Competition Investigations and Proceedings

OECD/ICN Report on International Co-operation in Competition Enforcement 2021

OECD best practice roundtables on competition

More OECD work on competition

 

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