The document discusses international cooperation on competition enforcement and policy. It notes that cooperation is essential for economic welfare benefits. Key questions addressed are how to advance cooperation given a changing global landscape, and where cooperation should go in the future. Cooperation should advance enforcement information exchange, procedural transparency, and policy standards. The OECD and ICN play a crucial role in creating frameworks and recommendations to strengthen bilateral, regional and multilateral cooperation. Industry supports cooperation and is willing to provide input to relevant international forums.
1. OECD Workshop Legal Models
Enforcement Co-operation
Marianela López-Galdos
28 October 2021
Global Competition & Regulatory Counsel
Computer & Communications Industry Association (CCIA)
2. ● International cooperation is essential to bring about the
economic welfare benefits of competition policy
● Common Understanding of G7 Competition Authorities on
“Competition and the Digital Economy”, Biarritz 2019
● Consumer welfare standard
● Eliminate competition barriers to innovation
● Promote International Cooperation and Convergence
● Carbis Bay G7 Summit
● Deepening cooperation on Digital Competition
● Enhancing Consumer Choice
● International and multilateral fora
● Encourage competition and support innovation in digital
markets.
Where should we go?:
3. Key Question:
● How do we advance cooperation?
○ A changing global order
○ A tendency to shift towards protectionists political
positions that impact national/regional competition
agendas
○ Increasing number of competition authorities
○ Mistrust and lack of reciprocity
International Cooperation
4. ● In a digitized and interconnected world, cooperation
should advance:
○ Enforcement including exchange of information
○ Procedural due process and increased transparency
○ Policy standards - economic welfare enhancing
International Cooperation
5. ● Big Developments in Enforcement Cooperation
○ 50 years of OECD work in advancing cooperation
○ MoUs
■ OECD inventory of MoUs
○ 20 Years of ICN
Where do we come from:
6. ● Continued enforcement-related cooperation
○ Minimize legal barriers to enhanced cooperation
○ Streamline cross-border competition investigations
○ Endeavor to align procedural standards and principles
● Promote waivers
● Programs for exchange of competition officials
● Use digital tools to limit language and time differences
● OECD/ICN cooperation report, regular updates
Where should we go?:
7. ● Advance policy-related cooperation
○ Recognize the benefits of the consumer welfare standard
● Price, output, innovation and choice
● Protection from political interference
○ Invest in economic analyses to understand multi-sided
business models
● International fora to learn about new economic
model
○ Rebuild trust
● Put consumers first
Where should we go?:
8. ● OECD/ICN crucial role
○ Create opportunities for international exchanges
○ Voluntary frameworks and commitments
○ Regular recommendation updates
● Bilateral Cooperation
○ Sophistication of competition chapters in FTAs
○ MoUs
● Regional/ Multilateral Cooperation
How should we do it?:
9. ● Industry supports cooperation
● Industry see a lot of risks in competition policy and
enforcement asymmetries
● Industry is willing to offer input and work closely together
with OECD; ICN; UNCTAD, other multinational and
national fora to offer its viewpoints
What role for the industry?