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Independence of competition authorities: from designs to practices – OECD Background paper – November 2016 OECD discussion

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This presentation by the OECD Competition Division was made during the discussion on "Independence of competition authorities - from designs to practices" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/independence-of-competition-authorities.htm

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Independence of competition authorities: from designs to practices – OECD Background paper – November 2016 OECD discussion

  1. 1. AGENCY INDEPENDENCE Presentation of the OECD Background paper Evrim Özgül KAZAK OECD Competition Division Global Forum on Competition - 1 December 2016
  2. 2. • The ability of competition authorities to take decisions based solely on legal and economic grounds rather than on political considerations. • No one-size-fits-all solution nevertheless, there are certain principles • Legal independence vs de facto independence Independence 2
  3. 3. • The status of the authority • Fix terms (longer than electoral cycles and non-renewable) Objective and transparent procedures for appointments and dismissals Main aspects of the legal independence 3
  4. 4. • Resources :human and financial Sufficient and stable resources Governments can punish competition authorities by reducing their budgets. Human resources are equally critical. Institutional culture of independence Main aspects of the legal independence 4
  5. 5. • What actually matters is de facto independence • Political culture, political institutions, age of the authority, the personality of the head • Successful enforcement of the law De facto independence

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