This paper identifies the various information collection and analytical methodologies used in market studies, as well as some common considerations regarding their selection and application. It was prepared as a background note for a discussion held at the OECD in June 2017 on methodologies for...

This paper looks at the tests that jurisdictions rely on to catch foreign conduct and the design of remedies over such foreign conduct, in terms of their territorial scope. It was prepared as a background note for a discussion held at the OECD in December 2017 on extraterritorial reach of...

This paper provides an overview of discussions on how to ensure the effectiveness and administrability of competition law in practice. It was prepared as a background note for a discussion on safe harbours and legal presumptions held at the OECD in December 2017.

This paper discusses the theory of disruptive innovation, and will highlight some characteristics for competition authorities to consider when seeking to identify disruption. It was prepared as background material for the session "Disruptive innovation in Latin America and the Caribbean" held at...

The increasing number of cross-border mergers, the proliferation of merger control regimes, and the limited resources competition authorities have to enforce competition law make it important that authorities only review those mergers that have an impact on their jurisdiction. The 2005 OECD...

Business models based on the vast collection and process of user data in nearly real-time in recent years have enabled companies to offer a wide range of innovative and customised services, often at zero prices, with substantial gains for consumers. At the same time, data-driven network effects...

This paper explores how the basic amount of a fine is calculated, analyses how the basic fine adjustments due to aggravating and mitigating circumstances vary or converge across jurisdictions and reviews several challenges competition authorities often face when levying fines based on the...

This paper presents the key features of leniency programmes in Latin American and Caribbean jurisdictions, and explore the reasons why some of these programmes have been amended recently. It was prepared as background material for the session "Leniency programmes in Latin America and the...

Agency independence from political power is a key element of an effective competition regime. Competition authorities differ from each other and they operate in jurisdictions which often have significant legal, political and cultural differences. Thus, there is no one size-fit-for-all model for...

In recent years the scope for near perfect price discrimination, particularly in the digital economy, appears to have grown. This raises a question over how those jurisdictions in which exploitative price discrimination is an offence will respond. In contrast, the risk of price discrimination...