OECD Journal: Competition Law and Policy

  • Discontinued

This journal draws on the best of the recent work done for and by the OECD Committee on Competition Law and Policy. Its articles provide insight into the thinking a competition law enforcers, and focus on the practical application of competition law and policy. Here’s what Robert Pitofsky, Chairman of the US Federal Trade Commission said about this new journal when it was launched: “Global competition is the wave of the future, and comparative analysis of the laws and practices of various members of the worldwide community of nations is a necessary corollary. This new OECD Journal of Competition Law and Policy, compiled from OECD Round Table discussions, summaries of recent developments, and articles on topics of special interest, will introduce regulators, practitioners, and scholars to different regulatory approaches around the world and will allow us to consider in a more informed way the strengths and weaknesses of our own systems.”

Now published as part of the OECD Journal package.

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Competition Law and Policy in the European Union

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.

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