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Competition

Recommendations and Best Practices on Competition Law and Policy

 

The OECD Council has adopted a number of non-binding Recommendations on competition law and policy. In addition, the Competition Committee has adopted Best Practices. These Recommendations and Best Practices are often catalysts for major change by governments. 

 

List of OECD Standards on Competition

2021   Recommendation on Transparency and Procedural Fairness in Competition Law Enforcement

2021   Recommendation on Competitive Neutrality

2019   Recommendation on Competition Assessment

2019   Recommendation concerning Effective Action against Hard Core Cartels

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

2012   Recommendation on Fighting Bid Rigging in Public Procurement

2005   Guiding principles for Regulatory Quality and Performance

2005   Best practices on Information Exchange

2005   Recommendation on Merger Review

2001   Recommendation concerning Structural Separation in Regulated Industries (revised in 2016)

1989   Recommendation on the Application of Competition Laws and Policy to Patent and Know-How Licensing Agreements

1986   Recommendation on Co-operation between Member Countries in Areas of Potential Conflict between Competition and Trade Policies

1978   Recommendation on Action against Restrictive Business Practices relating to the Use of Trademarks and Trademark Licences

 

Access the full OECD Compendium of Legal Instruments

Related reports

Regular reports are issued to analyse experiences in implementing these recommendations or yet their relevance. Access more reports by the Competition Committee

 

Report on the Implementation of the OECD Recommendation concerning International co-Operation on Competition Investigations and Proceedings, 2022

This report reviews the implementation and relevance of the 2014 OECD Recommendation concerning International co-Operation on Competition Investigations and Proceedings and underscores that while the Recommendation continues to address the current challenges to international enforcement co-operation, more can be done to implement the existing provisions.

Read the report: English (pdf) l Français (pdf)


Review of the 1998 OECD Recommendation concerning effective action against hard core cartels

This report reviews the implementation and relevance of the former 1998 OECD Council Recommendation concerning Effective Action against Hard Core Cartels  [OECD/LEGAL/0294] and highlights recent developments since its adoption which resulted in the adoption of the 2019 OECD Recommendation concerning effective action against hard core cartels [OECD/LEGAL/0452].  

Read the report: English (pdf) | Français (pdf)


Structural separation in regulated industries: 2016 report

This report analyses experiences of OECD countries in implementing the OECD recommendation on structural separation in regulated industries and concludes that structural separation remains a relevant remedy to advance the process of market liberalisation and that the areas of application can include vertically integrated industries where only some activities are subject to competitive constraints.

Read the report: English (pdf) | Français (pdf)


Fighting Bid Rigging in Public Procurement: 2016 report

This report shows how competition and public procurement agencies have been using the 2012 Recommendation to raise awareness of bid rigging risks and develop tools to prevent and detect bid rigging in public procurement. It concludes that the Recommendation is relevant and continues to be a solid basis for better competition in procurement markets.

Read the report: English (pdf) | Français (pdf)

 

 

 

Full list of related reports 

 

More OECD work on Competition

 

 

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