Interactions between competition authorities and sector regulators
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Read the background note |
Effective co-operation with sector regulators is an important element to promote competition in regulated sectors. While the objectives pursued by competition authorities and sector regulators are often aligned, differences in the substantive rules they apply and different perspective on the same matters may lead to diverging outcomes. In addition, even when competition authorities and sector regulators pursue the same objective of promoting competition in a sector, there are situations when the respective mandates are not clear and the institutional set-up does not foster co-operation between different authorities. In December 2022, the Global Forum on Competition held a roundtable discussion on practical insights into the co-operation between competition authorities and sector regulators on enforcement cases. KEY TAKEAWAYS The roundtable discussed how competition authorities and sector regulators co-operate formally and in practice, focusing on enforcement cases (mergers and antitrust). While in some cases co-operation tools are envisaged in legislation, formal agreements (such as Memoranda of Understanding) between competition authorities and sector regulators are common in many jurisdictions. In addition, informal co-operation is also common and can pave the way for more formal co-operation. Prticipants presented their experience on co-operation with sector regulators, including the main legal tools and cases. Moreover, some jurisdictions with alternative institutional set-ups (such as integrated regulator/competition authority and concurrency arrangements) shared insights that can help increase co-operation in the most traditional institutional framework, in which the competition authority is a stand-alone agency with responsibilities for competition enforcement on all sectors. This page contains all related documentation.
FORUM 2022 The Goals of Competition Policy (Open to all) |
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Contributions from delegations |
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Related links
Competition enforcement and regulatory alternatives, OECD Policy Roundtables 2021 Independent sector regulators and competition, OECD Policy Roundtables 2019 Co-operation between Competition Agencies and Regulators in the Financial Sector: 10 years on from the Financial Crisis, OECD Policy Roundtables 2017 Independence of competition authorities - From designs to practices, OECD Global Forum on Competition 2016 Changes in Institutional Design of Competition Authorities, OECD Policy Roundtables 2014 The relationship between competition authorities and sector regulators, OECD Global Forum on Competition 2005 (pdf) |
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