Over the last decade, an increasing number of competition authorities have obtained powers to adopt commitment decisions or other forms of negotiated/ consensual termination of antitrust cases. The terminology used varies depending on the jurisdictions: some refer to these tools as commitment decisions, others as consent decrees, consent orders, or (written) undertakings. Resolution through commitment decisions or other negotiated remedies can be very attractive for competition authorities, companies and third parties, although there are concerns regarding the use of commitment decisions as opposed to full-fledged infringement investigations. In June 2016, the OECD Competition Committee held a roundtable to discuss commitment decisions in antitrust cases. The discussion took stock of agencies’ experience and explored arguments in favour of and against the use of commitment decisions, judicial review of commitment decisions, and the relationship between commitment decisions and damages actions. Read the Executive summary with key findings from the discussion. Read the Summary of the discussion. Access the full list of Competition Policy Roundtables |
JUNE 2016 SESSION DOCUMENTATION | ||
Panellists, papers and presentations Executive summary with key findings | Synthèse Summary of the discussion (Français) Background Note by the Secretariat • ppt Note de référence du Secrétariat
Tadashi SHIRAISHI Bio Joshua WRIGHT Bio
Jean-François BELLIS Bio |
Contributions from participants |
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PRESENTATION OF THE OECD BACKGROUND PAPER |
RELATED POLICY ROUNDTABLES Relationship between public and private antitrust enforcement, 2015 Remedies in cross-border merger cases, 2013 Procedural fairness and transparency - Key points, 2012 Remedies in cross-border merger cases, 2011 Experience with direct settlements in cartel cases, 2008
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