Subsidies, competition and trade – OECD SECRETARIAT – December 2022 OECD discussion

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OECD Directorate for Financial and Enterprise Affairs

This presentation by Wouter Meester (Competition Expert, OECD) was made during a discussion on Subsidies, competition and trade at the 21st meeting of the OECD Global Forum on Competition on 1 December 2022. More papers and presentations on the topic can be found out at https://oe.cd/sctr. This presentation was uploaded with the author’s consent.

SUBSIDIES, COMPETITION AND
TRADE
Presentation of the OECD Background paper
Wouter Meester
OECD Competition Division
GFC Session II – 1 December 2022

• Subsidies: more relevant than ever
• Different instruments exist
– Multilateral rules
– FTAs and trade blocs
– Competitive neutrality / State Aid control
– Competition enforcement
– New legal instruments
Relevance of subsidies
2

• Financial power (“deep pockets”) that:
1. may create, maintain, or enhance dominance
2. may facilitate harmful conduct (predatory pricing)
• Subsidies can:
affect cost/revenue structure, strategic decisions
provide economies of scale
Enable international/foreign expansion
• Relevance for mergers and abuse of dominance
Theory: competition concerns
3

• Subsidies have played a modest role to date
• Subsidy offense / defense
• Ability and incentive to engage in predatory
pricing
Ability – financial indicators, cost structure
Incentive – history of law violations, ownership
structure, recoupment
• Financial strength has been a contributing,
rather than a decisive factor to potential
dominance
Practice: existing case law (mergers)
4

• Again, cases have been rare
• Mostly related to cross-subsidization
• Use of government financing for a public service
obligation (PSO) to expand its competitive
activities
• Overcompensation by the government becomes
a de facto subsidy
• Example: postal sector
Practice: existing case law (abuse)
5

• Establishing the existence of subsidies is not
straightforward
• Acquisitions by subsidised SOEs can create
specific issues with regards to merger control
• Subsidies complicate the determination of the
relevant cost-measure to establish predatory
pricing
• Recoupment not always relevant
Some challenges
6

Thank you
For more information:
https://oe.cd/sctr
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