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OECD inventory of international co-operation agreements on competition

 

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International co-operation in competition law enforcement is at the core of the OECD competition-related work.

As part of this work, the OECD Competition Division has put together a list of 17 bilateral government-to-government co-operation agreements where at least one of the signatories is an OECD country (last updated July 2021). It includes two special co-operation agreements on positive comity.

In addition, the OECD Competition Division created an inventory of key provisions from these agreements, which could be useful for the negotiation or interpretation of co-operation agreements. Each section of the inventory of provisions is presented separately , along with the relevant provision of the 2014 OECD Recommendation concerning International Co-operation on Competition Investigations and Proceedings and a list of the relevant clauses out of the 17 bilateral co-operation agreements.

Where appropriate, the list of relevant clauses includes provisions out of five second generation agreements (i.e. agreements with provisions enabling the exchange of confidential information under certain circumstances, without seeking prior consent from the source of the information), as well as two special co-operation agreements on positive comity.

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Competition authorities who would like to submit updates of new/amended agreements are welcome to send to Sabine Zigelski (Sabine.Zigelski@OECD.org).

INVENTORY OF INTERNATIONAL CO-OPERATION AGREEMENTS

Access the full 2021 list of co-operation agreements
Provisions on purpose
Provisions on definitions
Provisions on transparency
Provisions on notifications
Provisions on enforcement co-operation and investigative assistance
Provisions on the exchange of information
Provisions on the co-ordination of investigations and proceedings
Provisions on negative comity
Provisions on positive comity
Provisions on consultation
Provisions on regular meetings
Provisions on confidentiality
Provisions on existing law
Provisions on communication
First inventory made in 2015

Regional co-operation agreements

RELATED LINKS AND DOCUMENTS

OECD/ICN Report on International Co-operation in Competition Enforcement (2021)

OECD inventory of international co-operation agreements between competition agencies (MoUs) (2021)

Recommendation on International Co-operation concerning Competition Investigations and Proceedings (2014)

Challenges of international co-operation in competition law enforcement (2014)

OECD/ICN Survey on International Co-operation (2013)

International co-operation in competition enforcement

International Co-operation Home Page

Recommendations and Best Practices on Competition Law and Policy

All Competition Policy Roundtables

Competition Home Page

 

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