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Esteban Greco
Global Analysis of Market Economics and Strategies (GAMES). Director, Argentina
OECD Global Forum on Competition
1 December 2022
Paris
The goals of competition policy
A developing countries perspective
Issues to to be addressed
1. The goals of competition law
Risks for developing countries of current debate
2. Complementarities between competition law enforcement,
competition policy and other welfare enhancing public policies.
Synergies in Latin America
3. How to implement competition law mindful of complementary
welfare enhancing public policies in a coherent way.
Tools for competition agencies. Theories of harm.
Esteban Greco 2
Current debate is ignoring risks of broadening
competition law goals in developing countries
• Over time, competition law enforcement has evolved towards
greater certainty, considering as its main objective the protection of
competitive process to enhance economic efficiency and consumer
welfare
• Developing countries characterizes by lacking strong institutional
framework.
• Broadening the goals of competition law imply discretion and legal
uncertainty
Esteban Greco 3
Issue 1. The goals of competition law
Risks for competition policy and competition law
enforcement are different
• Risks of broadening goals for competition law enforcement
• Injecting policy trade offs in antitrust cases and M&A reviews would be a
source of political pressure and corruption
• Discretion is prone to increasing power of traditional incumbents and “crony
capitalism”
• Lower investment rates and lack of innovation, much needed in developing
countries
• Trade offs are usual among public policies (e.g., potential trade-off
between competition law and data protection)…
• But there is much space for synergies between competition policy and
other welfare enhancing public policies in developing countries without
distorting competition law enforcement and adjudication of antitrust
cases
Esteban Greco 4
Issue 1. The goals of competition law
Issue 2. Synergies. Competition policy and law enforcement
externalities on public interest goals. Examples from Latin America
Esteban Greco
5
Agency
Country
Year Case Public interest
goals
COFECE
Mexico
2021 Collusion between 17 football (soccer) clubs: Caps on female players' salaries and
segmenting the players' market.
Positive effects: on the labor market of football players, eliminating restrictions on
competition, but also and particularly, reducing the gender wage gap
Employment,
labor market
conditions,
gender equality
COFECE
Mexico
2019-
20
Competition advocacy actions (including constitutional controversy against Supreme
Court) to avoid exclusionary rules affecting entry and expansion by solar and wind
electricity generators (Greco & Viecens, 2021)
Sustainability
SIC
Colombia
2021- Investigation against the football association and 16 clubs for anti-competitive agreements
(no-poach agreements, preventing competing clubs from hiring players ending their
contractual relationship with a club)
Employment,
labor market
conditions
CADE
Brazil
2019- Investigation for collusive conduct (leniency application) in the market of workers in the
industry of products, equipment and related services for health care, in Sao Paulo.
Systematic exchange of information between competitors regarding remuneration to
employees, and wage fixing episodes.
Employment,
labor market
conditions
CNDC
Argentina
2016-
2021
Competition advocacy and antitrust investigation: recommendations to eliminate
regulatory barriers to competition, antitrust structural and behavioral remedies to allow
competition. The case was key to unlock Fintech development and competition in digital
payment markets, allowing access to financial services to previously excluded consumers
(Greco & Viecens, 2020)
Financial
inclusion
Several 1980-
2020
At least 21 percent of the cartels detected in LAC involved essential products such as sugar,
toilet paper, wheat, poultry, milk, and medicines, directly and disproportionately affecting
poor households. (World Bank, 2021)
Protection of
vulnerable
households
Ways to take advantage of synergies between
competition policy and public interest goals
1. Prioritization: Allocating limited agencies resources to investigate
antitrust infringements in markets with high impact on public policy goals
(e.g., fighting cartels in essential goods markets and labor markets)
2.Updating and developing antitrust theories of harm: find a way to
address new issues; i.e., privacy as an increasing concern in digital
economy
• Privacy as a competition variable in competitive assessments
• Bundeskartellamt Facebook case
• WhatsApp case in Argentina and Brazil
• Obligation for users to accept their information from WhatsApp to be used in other
Meta platform services
• Theories of harm: 1) exploitative harm to privacy, 2) privacy policy tying different
platform services giving rise to conglomerate effects which potentially exclude non-
conglomerate competitors and/or build barrier to other digital players trying to gain
scale
Esteban Greco 6
Issue 3. How to implement complementary
¡Thank you for your attention!
Esteban Greco 7

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Goals of Competition Policy – GRECO – December 2022 OECD discussion

  • 1. Esteban Greco Global Analysis of Market Economics and Strategies (GAMES). Director, Argentina OECD Global Forum on Competition 1 December 2022 Paris The goals of competition policy A developing countries perspective
  • 2. Issues to to be addressed 1. The goals of competition law Risks for developing countries of current debate 2. Complementarities between competition law enforcement, competition policy and other welfare enhancing public policies. Synergies in Latin America 3. How to implement competition law mindful of complementary welfare enhancing public policies in a coherent way. Tools for competition agencies. Theories of harm. Esteban Greco 2
  • 3. Current debate is ignoring risks of broadening competition law goals in developing countries • Over time, competition law enforcement has evolved towards greater certainty, considering as its main objective the protection of competitive process to enhance economic efficiency and consumer welfare • Developing countries characterizes by lacking strong institutional framework. • Broadening the goals of competition law imply discretion and legal uncertainty Esteban Greco 3 Issue 1. The goals of competition law
  • 4. Risks for competition policy and competition law enforcement are different • Risks of broadening goals for competition law enforcement • Injecting policy trade offs in antitrust cases and M&A reviews would be a source of political pressure and corruption • Discretion is prone to increasing power of traditional incumbents and “crony capitalism” • Lower investment rates and lack of innovation, much needed in developing countries • Trade offs are usual among public policies (e.g., potential trade-off between competition law and data protection)… • But there is much space for synergies between competition policy and other welfare enhancing public policies in developing countries without distorting competition law enforcement and adjudication of antitrust cases Esteban Greco 4 Issue 1. The goals of competition law
  • 5. Issue 2. Synergies. Competition policy and law enforcement externalities on public interest goals. Examples from Latin America Esteban Greco 5 Agency Country Year Case Public interest goals COFECE Mexico 2021 Collusion between 17 football (soccer) clubs: Caps on female players' salaries and segmenting the players' market. Positive effects: on the labor market of football players, eliminating restrictions on competition, but also and particularly, reducing the gender wage gap Employment, labor market conditions, gender equality COFECE Mexico 2019- 20 Competition advocacy actions (including constitutional controversy against Supreme Court) to avoid exclusionary rules affecting entry and expansion by solar and wind electricity generators (Greco & Viecens, 2021) Sustainability SIC Colombia 2021- Investigation against the football association and 16 clubs for anti-competitive agreements (no-poach agreements, preventing competing clubs from hiring players ending their contractual relationship with a club) Employment, labor market conditions CADE Brazil 2019- Investigation for collusive conduct (leniency application) in the market of workers in the industry of products, equipment and related services for health care, in Sao Paulo. Systematic exchange of information between competitors regarding remuneration to employees, and wage fixing episodes. Employment, labor market conditions CNDC Argentina 2016- 2021 Competition advocacy and antitrust investigation: recommendations to eliminate regulatory barriers to competition, antitrust structural and behavioral remedies to allow competition. The case was key to unlock Fintech development and competition in digital payment markets, allowing access to financial services to previously excluded consumers (Greco & Viecens, 2020) Financial inclusion Several 1980- 2020 At least 21 percent of the cartels detected in LAC involved essential products such as sugar, toilet paper, wheat, poultry, milk, and medicines, directly and disproportionately affecting poor households. (World Bank, 2021) Protection of vulnerable households
  • 6. Ways to take advantage of synergies between competition policy and public interest goals 1. Prioritization: Allocating limited agencies resources to investigate antitrust infringements in markets with high impact on public policy goals (e.g., fighting cartels in essential goods markets and labor markets) 2.Updating and developing antitrust theories of harm: find a way to address new issues; i.e., privacy as an increasing concern in digital economy • Privacy as a competition variable in competitive assessments • Bundeskartellamt Facebook case • WhatsApp case in Argentina and Brazil • Obligation for users to accept their information from WhatsApp to be used in other Meta platform services • Theories of harm: 1) exploitative harm to privacy, 2) privacy policy tying different platform services giving rise to conglomerate effects which potentially exclude non- conglomerate competitors and/or build barrier to other digital players trying to gain scale Esteban Greco 6 Issue 3. How to implement complementary
  • 7. ¡Thank you for your attention! Esteban Greco 7