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The promotion of competitive neutrality by competition authorities

 

 8 December 2021  Zoom

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THE 2021 OECD GLOBAL FORUM ON COMPETITION DISCUSSED THE PROMOTION OF COMPETITIVE NEUTRALITY BY COMPETITION AUTHORITIES

Significant market distortions may arise when some enterprises benefit from undue competitive advantages conferred by state actions, for example on the basis of their ownership, nationality or their activity in the market. These distortions can prevent competition from reaching its potential for economic growth, productivity and innovation.

In particular, they may discourage investment, create regulatory uncertainty, and encourage other jurisdictions to adopt similar distortions that undermine a global level playing field. Competition authorities have a role to play in promoting the application of competitive neutrality principles, including addressing distortions through their enforcement tools, and advocating for neutrality in state actions ranging from subsidies to procurement.

In December 2021, the Global Forum on Competition featured a roundtable discussion to introduce the concept of competitive neutrality, explored how authorities around the world have promoted competitive neutrality, and highlighted the recently-adopted OECD Recommendation of the Council on Competitive Neutrality.

 

gfc-promotion-competitive-neutrality

Global Forum home page

Speakers 

Eleanor M. FOX Bio 
Walter J. Derenberg Professor of Trade Regulation
New York University School of Law

Jose Luis BUENDÍA Bio  
Partner
Garrigues

Deborah Jane HEALEY Bio 
Professor
UNSW Sydney

 

Documents 

OECD background note

Paper by Eleanor M. Fox

Call for contributions 

Executive summary with key findings

Summary of the discussion

Summaries of contributions

Bangladesh

Brazil

Costa Rica

Finland

India

Japan

Kenya

Latvia

Lithuania

Mexico

Philippines

Russian Federation

Serbia

Spain

Ukraine

United States

BIAC 

 

Videos

Eleanor Fox on state and local restraints on competition and competitive neutrality

Deborah Healey on potential gaps when addressing competitive neutrality and public benefit exemptions

José Luis Buendía on the promotion of competitive neutrality in the European Union

Presentations 
 

 

 
See also

OECD RECOMMENDATION

Visual for the text of the recommendation on competitive neutrality

31/05/21 - OECD Council approves recommendation on competitive neutrality 

VIDEO

Competitive neutrality explained in 6 minutes (also available in Russian)

Related links

Competitive neutrality in competition policy, OECD main page on competitive neutrality

Competition law and state owned enterprises, OECD Global Forum on Competition 2018

The role of competition policy in promoting economic recovery, OECD Policy Roundtables 2020

Public interest considerations in merger control, OECD Policy Roundtables 2020

Evaluation of competitive impacts of government interventions, OECD Hearing 2014  

State Owned Enterprises and the principle of competititive neutrality, OECD Policy Roundtables 2009

Regulating market activities by the public sector, OECD Policy Roundtables 2004

OECD Competition Youtube channel

Competition policy responses to COVID-19, 2020

Global Forum website

Full list of Competition Policy Roundtables

 

Related Documents