This presentation by Sabine Zigelski from the OECD Competition Division was delivered during an OECD workshop on “Legal Models for International Enforcement Co-operation” held virtually on 28 October 2021. More materials on the topic can be found at https://www.oecd.org/daf/competition/workshop-on-legal-models-for-international-enforcement-cooperation.htm. This presentation was uploaded with the author’s consent.

1. OBSTACLES TO INTERNATIONAL
ENFORCEMENT CO-OPERATION
Presentation by the Secretariat
Working Party 3
Workshop on Legal Models for International
Enforcement Co-operation
28 October 2021

2. Work stream related to the monitoring of the
implementation of the 2014 Recommendation
Concerning International Co-operation on
Competition Investigations and Proceedings
2019 – Note on developments in international co-
operation in competition cases since 2014 –
preliminary stocktaking
2019 – OECD/ICN Survey on international
competition law enforcement co-operation
2021 – OECD/ICN Report
2021/22 OECD Monitoring Report 2014
Recommendation
Recent work
2

3. Key results
3
 Significant (legal) obstacles persist:

4. Key results
4
 Significant (legal) obstacles persist:

5. Key results
5
 Observed instances of co-operation often
Informal and/or
Regional
 Moderate increases in overall co-operation
activity but stagnation in some areas

6. Commitment and minimizing direct/indirect
obstacles
Significant growth in bilateral MoU and RTA with
competition provisions
Progress made to increase transparency and align
leniency programmes
Consultation & Comity
Legal basis mostly bilateral MoU
Not used much
Preview – draft Report
6

7. Notifications
Important instrument with continued relevance
Often informal
Preview – draft Report
7

8. Exchange of information
Mostly non-confidential information or based on
waivers (= merger cases)
Information gateways stagnating
Some increase in second generation
agreements
Preview – draft Report
8

9. Investigative assistance
Focus on regional
Lack of case examples
Preview – draft Report
9

10. Preview – draft Report
10
Co-ordination and enhanced co-operation –
 Steady activity
 Focus on co-ordination not requiring a legal basis

11. Something missing?
11
 Joint case investigations/resolution
 Resource sharing
 Lead agency approaches
 Exchange of confidential information without
waivers
 Multilateral co-operation and co-ordination
 Pronounced lack of international co-operation in
abuse of dominance cases
Enhanced co-
operation