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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Merger Remedies

The following principles should guide competition authorities when devising remedies in merger cases: i) remedies are to be considered only if a threat to competition has been identified; ii) remedies should be the least restrictive means to effectively eliminate competition concerns; iii) remedies should address only competition concerns, and should not be used for industrial planning or other non-competition purposes; and iv) flexibility and creativity are key in devising remedies. Competition authorities in general strongly prefer structural remedies in the form of divestitures even though they might consider behavioural remedies, alone or in conjunction with divestiture remedies, appropriate in certain cases to address competitive concerns raised by a merger. Where several competition authorities consider remedies in the same transaction, coordination and cooperation among them is important to ensure consistency between remedial solutions. Despite differences in substantive tests and procedures, such cooperation and coordination with respect to remedies has been successful in an increasing number of transnational mergers. This Competition Committee roundtable was held in October 2003.


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