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Visions for Competition Enforcement Co-operation: A Trade Perspective

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OECD Directorate for Financial and Enterprise Affairs
OECD Directorate for Financial and Enterprise Affairs

This presentation by the World Trade Organization 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.

Presentations & Public Speaking
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OECD Workshop on Legal Models for International Enforcement Co-operation 28 October 2021 Visions for Competition Enforcement Co- operation: a trade perspective Anna Caroline Müller, WTO Secretariat, Intellectual Property, Government Procurement and Competition Policy Division DISCLAIMER: Views presented are those of the author and do not necessarily represent those of the WTO or its Members.
Why are trade aspects relevant to enforcement cooperation? Enforcement cooperation is particularly relevant where anti- competitive practices or mergers span across jurisdictions. • International cartels • Mergers of multinational firms with global operations • Economic activity/conduct that is designed to reach multiple economies (e-commerce, internet based services). These are the situations in which international trade is affected by anti- competitive behaviour / mergers as well! • Cartels may include strategies to hinder market access for other potential entrants (including smaller developing country producers) • Merger control may directly or indirectly affect trade operations (shipping sector, geographical distribution of value chain participation) • Trade aspect of cross-border provision of services, e-commerce as driver of trade. 1
What do existing trade agreements tell us? •WTO Working Group on the Interaction between Trade and Competition Policy currently inactive. •RTAs as main instrument. Survey of 349 RTAs notified to WTO. 2 0 50 100 150 200 250 300 350 1958 1960 1961 1971 1973 1976 1977 1981 1983 1985 1987 1988 1989 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 NUMBER OF RTAS DATE OF ENTRY INTO FORCE OF RTAS No wording on competition policy Only general recognition of importance of competition policy Dedicated chapters on competition policy Total number of RTAs
A majority of RTAs include dedicated chapters/provisions on competition policy 3 24% 19% 57% 349 RTAS (1958-2021) No wording on competition policy in RTA General recognition of importance of competition Separate/dedicated provisions on competition policy
Cooperation as important aspect included in RTA chapters 4 28% 36% 38% 54% 58% 60% 66% 82% 83% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Merger control (concentrations) Requirement to establish a competition authority Non-discrimination and procedural fairness Transparency Adoption/maintenance of competition laws SOEs/ designated monopolies Cooperation Abuse of dominant market position Anti-competitive agreements (cartels) Issues covered in dedicated competition chapters/provisions
A closer look at cooperation provisions in RTAs 5 66% 71% 31% 42% 71% 51% 0% 10% 20% 30% 40% 50% 60% 70% 80% Cooperation Information sharing Technical Assistance Notification Consultations Confidentiality
Do RTAs provide adequate solutions to issues hindering cooperation? 6 Source: OECD/ICN Report on International Co-operationin Competition Enforcement 2021
Overcoming practical cooperation issues with the help of international institutions: some examples : 7

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  • 1. OECD Workshop on Legal Models for International Enforcement Co-operation 28 October 2021 Visions for Competition Enforcement Co- operation: a trade perspective Anna Caroline Müller, WTO Secretariat, Intellectual Property, Government Procurement and Competition Policy Division DISCLAIMER: Views presented are those of the author and do not necessarily represent those of the WTO or its Members.
  • 2. Why are trade aspects relevant to enforcement cooperation? Enforcement cooperation is particularly relevant where anti- competitive practices or mergers span across jurisdictions. • International cartels • Mergers of multinational firms with global operations • Economic activity/conduct that is designed to reach multiple economies (e-commerce, internet based services). These are the situations in which international trade is affected by anti- competitive behaviour / mergers as well! • Cartels may include strategies to hinder market access for other potential entrants (including smaller developing country producers) • Merger control may directly or indirectly affect trade operations (shipping sector, geographical distribution of value chain participation) • Trade aspect of cross-border provision of services, e-commerce as driver of trade. 1
  • 3. What do existing trade agreements tell us? •WTO Working Group on the Interaction between Trade and Competition Policy currently inactive. •RTAs as main instrument. Survey of 349 RTAs notified to WTO. 2 0 50 100 150 200 250 300 350 1958 1960 1961 1971 1973 1976 1977 1981 1983 1985 1987 1988 1989 1991 1992 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 NUMBER OF RTAS DATE OF ENTRY INTO FORCE OF RTAS No wording on competition policy Only general recognition of importance of competition policy Dedicated chapters on competition policy Total number of RTAs
  • 4. A majority of RTAs include dedicated chapters/provisions on competition policy 3 24% 19% 57% 349 RTAS (1958-2021) No wording on competition policy in RTA General recognition of importance of competition Separate/dedicated provisions on competition policy
  • 5. Cooperation as important aspect included in RTA chapters 4 28% 36% 38% 54% 58% 60% 66% 82% 83% 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% Merger control (concentrations) Requirement to establish a competition authority Non-discrimination and procedural fairness Transparency Adoption/maintenance of competition laws SOEs/ designated monopolies Cooperation Abuse of dominant market position Anti-competitive agreements (cartels) Issues covered in dedicated competition chapters/provisions
  • 6. A closer look at cooperation provisions in RTAs 5 66% 71% 31% 42% 71% 51% 0% 10% 20% 30% 40% 50% 60% 70% 80% Cooperation Information sharing Technical Assistance Notification Consultations Confidentiality
  • 7. Do RTAs provide adequate solutions to issues hindering cooperation? 6 Source: OECD/ICN Report on International Co-operationin Competition Enforcement 2021
  • 8. Overcoming practical cooperation issues with the help of international institutions: some examples : 7