Successfully reported this slideshow.
We use your LinkedIn profile and activity data to personalize ads and to show you more relevant ads. You can change your ad preferences anytime.

Competition law and state-owned enterprises – OECD Secretariat – November 2018 OECD GFC

1,295 views

Published on

This presentation by Carolina Abate from the OECD Competition Division, was made during the discussion on “Competition law and state-owned enterprises”, held during the 17th OECD Global Forum on Competition on 30 November 2018. More documents and presentations on this topic can be found at oe.cd/csoes.

  • Be the first to comment

  • Be the first to like this

Competition law and state-owned enterprises – OECD Secretariat – November 2018 OECD GFC

  1. 1. Competition Law And State-Owned Enterprises Presentation by the Secretariat Global Forum on Competition 30th November 2018
  2. 2. • SOE’s anticompetitive behaviour as harmful as POE’s • Fundamental role of neutral and rigorous antitrust enforcement to level the playing field • Investigations can impose a variety of challenges due to the distinctive nature of state-owned entities • Additional difficulties if foreign SOEs are involved in investigations Introduction
  3. 3. • Most competition standards are based on the logic of private sector and profit maximising economic players • Different accounting standards and lack of transparency regarding costs  difficult for agencies to obtain information • Effectiveness of different kinds of sanctions • Role of government ties Cross-cutting practical challenges
  4. 4. Enforcement challenges: specific conducts Mergers  Notion of group  Calculation of turnover  Cross-border transactions Cartels  Definition economic unit  Turnover for calculations of fines  Dawn raids Unilateral conduct  Use of cross- subsidization  Recoupment test  Cost- benchmarks
  5. 5. • Risk that SOE’s specific characteristics can lead to under (or over) enforcement • An effects-based analytical framework is sufficiently flexible to accommodate these differences • Factors that create challenges have to be constantly taken into account and assessed on a case-by-case basis • Limiting the exemptions, derogations, and non- efficiency based defenses essential for the functioning of competitive markets Conclusion

×