1887

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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Report on Structural Separation

The Structural Separation Report was prepared by the OECD Competition Committee to review the implementation of the 2001 OECD Council Recommendation concerning structural separation in regulated industries. The report shows that many countries have implemented legislation that seeks to promote non-discriminatory access to noncompetitive infrastructure. In a number of jurisdictions, there is dissatisfaction with the access provided by integrated companies to their non competitive infrastructure, leading a number of jurisdictions to strengthen the barriers that separate noncompetitive and competitive parts of a company. One new approach seeks to create managerial incentives that are equivalent to those that would be faced by managers in fully structurally separated companies while maintaining unified ownership of noncompetitive and competitive lines of business. This approach can be termed functional separation and has recently been pursued in the telecommunications sector in at least two jurisdictions. The results of implementing functional separation will be of considerable importance for future policy decisions related to structural separation. The OECD Council endorsed the report’s conclusion relating to maintaining the Recommendation in its current form and invited the Competition Committee to report back in three years’ time on the implementation of the Recommendation.

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