Non-trial resolutions, often referred to as settlements, have been the predominant means of enforcing foreign bribery and other related offences since the entry into force of the OECD Anti-Bribery Convention 20 years ago. The last decade has seen a steady increase in the use of coordinated...

This paper aims at providing guidance on the benefits and challenges of criminal enforcement while exploring the economic deterrence theory and the retribution theory that have emerged in the criminalisation debate. It also offers an overview of criminalisation trends across jurisdictions,...

The effectiveness and credibility of enforcement requires that there is access to ex post review of competition cases by an independent court or tribunal. Judges assess both procedural due process as well as compliance with the substantive provisions of competition law and can confirm...

The OECD Competition Committee organised a seminar on judicial enforcement of competition law in October 1996. This document includes an executive summary, an analytical note by the OECD and written submissions by judges and experts, as well as an aide-memoire of the discussion.

This paper was prepared as background for a discussion held at the OECD in June 2016 on commitment decisions in antitrust cases. It reviews arguments in favour and against the use of commitment decisions as they are presented in the literature. It also discusses judicial reviews of commitment...

This paper was prepared as background for a discussion held at the 2017 OECD Global Forum on Competition on judicial perspectives on competition law. It introduces the judicial role in the application of competition law in West Africa amongst other issues.

The OECD Competition Committee debated Institutional and Procedural Aspects of the Relationship between Competition Authorities and Courts and Update on Developments in Procedural Fariness and Transparency in October 2011. This document includes an executive summary of that debate, written...