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The role of market studies as a tool to promote competition – Lynn ROBERTSON – OECD Competition Division – November 2016 OECD discussion

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This presentation by Lynn ROBERTSON from the OECD Competition Division was made during the discussion on "The role of market studies as a tool to promote competition" 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/the-role-of-market-studies-as-a-tool-to-promote-competition.htm

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The role of market studies as a tool to promote competition – Lynn ROBERTSON – OECD Competition Division – November 2016 OECD discussion

  1. 1. THE ROLE OF MARKET STUDIES AS A TOOL TO PROMOTE COMPETITION Lynn Robertson Competition Division Directorate for Financial and Enterprise Affairs Global Forum on Competition Session II - 1 December 2016
  2. 2.  Topics covered:  meanings, purposes and goals of MS  legal powers to carry out MS  powers to collect and use information  institutional framework and level of independence in the selection of MS  successes and challenges  Replies received from 62 national authorities, 59 jurisdictions  2 lack powers to carry out market studies  60 authorities have been computed in the survey OECD Survey on Market Studies: Features
  3. 3. Reasons to conduct a market study…  A sector is not working well for consumers but no suspicion of a violation: 72%  A market / sector is not working well for consumers but more investigation is needed to deciding whether to initiate an enforcement action: 70%  These two main different reasons are not mutually exclusive.
  4. 4. Competition authorities shared their primary motivations to conduct market studies…
  5. 5. … and their potential outcomes
  6. 6. Legal powers to carry out market studies The 68% of surveyed competition authorities that conduct market studies enjoy specific powers for that purpose. Only 26% perform market studies under their general powers to protect and foster competition, which they interpret as including powers to conduct market studies. 3% do not have powers to perform market studies.
  7. 7. Confidential information is protected by a majority Confidential Information Non-confidential Information Protection of information 59 authorities (98% of respondents) 26 authorities (43% of respondents) Same protection for information whether obtained for market studies or enforcement actions 46 authorities out of 59 Possibility of using information obtained on market studies for subsequent enforcement actions 38 authorities: ▪ always: 30 ▪ under conditions: 8 43 authorities: ▪ always: 37 ▪ under conditions: 6
  8. 8. Authorities may have powers to…
  9. 9. Powers to impose sanctions 63% powers to impose sanctions directly 17% resort to courts to compel 8% lack powers to impose any sanctions 10% did not reply
  10. 10. Drivers to success and challenges Successes Challenges well-defined purposes and goals active cooperation by stakeholders clear and concise recommendations human and financial resources data collection Lack of cooperation by stakeholders
  11. 11.  Three jurisdictions (Iceland, Mexico and the UK) make use of market investigations.  Among these jurisdictions there are differences in how the instrument is applied, as well as in the relevant powers and procedures.  In all three jurisdictions, market investigations are used for the purpose of enforcement. Market investigations
  12. 12.  Categorization of MS according to their main purpose  Examination of different legal frameworks for undertaking market studies, including powers to collect and use information  Analysis of procedural safeguards for the protection of interests of stakeholders  Overview of various possible institutional design settings Suggestions for future work

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