Global Forum on Competition 2001 This publication includes the documentation presented at the first Global Forum on Competition. The Forum was inaugurated at a meeting held in Paris in October 2001. The program of the Forum included four main sessions on: the roles and tools of competition authorities in implementing reforms, hard core cartels; instruments of co-operation, and merger review with a focus on co- operation in trans-border transactions. Prosecuting Cartels without Direct Evidence (2006) Best Practices for the Formal Exchange of Information between Competition Authorities in Hard Core Cartel Investigations (2005) OECD Council Recommendation on Merger Review (2005) Preventing Market Abuses and Promoting Economic Efficiency, Growth and Opportunity (2004) Recommendation of the Council concerning Effective Action against Hard Core Cartels (1998) Revised recommendation of the Council Concerning Co-operation between Member countries on Anticompetitive Practices affecting International Trade (1995) 1 GLOBAL FORUM ON COMPETITION -- 17 and 18 October 2001 -- OECD GLOBAL FORUM ON COMPETITION -- 17 and 18 October 2001 – The OECD Global Forum on Competition is one of eight "Global Forums" created to deepen and extend relations with a larger number of non-OECD economies in fields where the OECD has particular expertise and global dialogue is important. The Competition Committee has for decades been the leading forum for regular, focused, off-the-record policy dialogue among the world’s leading competition officials. The Committee groups together Members’ competition authorities and those of six observers (Argentina, Brazil, Israel, Lithuania, Russia and Chinese Taipei). This dialogue has built mutual understanding and had substantial real-world benefits, such as means of conflict avoidance and co-operation that have been used successfully by Members and non-Members. The Competition Committee has also identified voluntary "best practices" and created substantial analytical convergence. [Relevant materials are available on the Web site: http://www.oecd.org/competition]. For more than a decade, the OECD’s Members and Secretariat have been co-operating on competition law and policy matters with a wide variety of non-Members. Until now, this co-operation has consisted largely of regular capacity building activities and occasional conferences. With the advent of the Global Forum on Competition, OECD co-operation with non-Members has expanded to include in-depth "OECD-style" dialogue with an increased number of economies with which OECD Members have a strong interest in a common agenda. This Forum does not replicate the universality of other institutions; rather, it creates an expanded network of high-level officials from 55 or more economies who meet regularly (in principle twice a year) to share experiences on "front burner" competition issues. Like other OECD activities, the Forum is inter-governmental, but some regional organisations and other international organisations such as the World Bank, UNCTAD, and the WTO also participate. Through the Business and Advisory Committee to the OECD (BIAC), the International Bar Association (IBA), the Trade Union Advisory Committee (TUAC) and Consumers International, representatives of the business community and consumers also have input and are invited to selected discussions. The Forum is organised by the OECD’s Competition Division and its Centre for Co-operation with Non-Members (CCNM). * * * The present publication includes the documentation presented at the first Global Forum on Competition. The Forum was inaugurated at a meeting held in Paris on 17 and 18 October 2001. Ministers and high level officials from the OECD Members, the European Commission, and 22 non-Member economies attended. The non- Members attending included the six observers to the Competition Committee (Argentina, Brazil, Israel, Lithuania, the Russian Federation and Chinese Taipei) as well as Bulgaria, Chile, China, Egypt, Estonia, India, Indonesia, Kenya, Latvia, Romania, Slovenia, South Africa, Thailand, Ukraine, Venezuela, and Zambia. The Forum opened with keynote speeches by EU Competition Commissioner Mario Monti; the Secretary General of UNCTAD, Rubens Ricupero; and U.S Deputy Assistant Attorney General William Kolasky. The rest of the morning focused on the role of competition policy in economic reform, the roles and tools of competition authorities in implementing reform, and instruments of international co-operation. The BIAC, the IBA and Consumers International participated in these sessions. Subsequent sessions were restricted to representatives of governments and international organisations. They addressed specific law enforcement issues -- Hard Core Cartels and Merger Enforcement -- and the topics and organisation of future meetings. OECD GLOBAL FORUM ON COMPETITION - - 17-18 October 2001 - - FOREWORD PROGRAMME SESSION I. OPENING OF THE GLOBAL FORUM ON COMPETITION Keynotes speeches Mr. Seiichi Kondo, Deputy Secretary-General, OECD Mr. Mario Monti, Commissioner, European Commission Mr. Rubens Ricupero, Secretary-General, UNCTAD Mr. William Kolasky, Deputy Assistant Attorney General, US Department of Justice The role of competition policy in economic reform Mr. Nam-Kee Lee, Chairman, Korean Fair Trade Commission Mr. Ilya Yuzhanov, Minister for Antimonopoly Policy and Support of Enterpreneurship, Russian Federation Mr. Arun Jaitley, Minister of State, Department of Company Affairs Law, Justice and Company Affairs, India SESSION II. THE ROLES AND TOOLS OF COMPETITION AUTHORITIES IN IMPLEMENTING REFORM Canada – Conformity Continuum Chinese Taipei - Building on Competition Culture Indonesia - Promoting Compliance and Education Business about Competition Law Korea BIAC - The Roles and Tools of Competition Authorities: Fundamental Considerations World Bank – World Bank Group work on competition policy SESSION III. INSTRUMENTS OF CO-OPERATION Recommendation of the Council concerning effective action against hard core cartels (1998) Revised Recommendation of the Council concerning Co-operation between Member Countries on Anti-Competitive Practices affecting International Trade (1995) SESSION IV. HARD CORE CARTELS Questionnaire on Anti-Cartel Actions Summary of Cartel Cases Described by Invitees Suisse - Les cartels rigides en droit suisse de la concurrence Ukraine - Anticompetitive Concerted Actions Think Antitrust - The Role of Antitrust Enforcement in Federal Procurement SESSION V. MERGER REVIEW - FOCUS ON CO-OPERATION IN TRANSBORDER TRANSACTIONS Merger Enforcement and International Co-Operation (Note by the OECD Secretariat) Merger Enforcement and International Co-Operation - Documentation of the Roundtable of. Working Party No. 3 of the Competition Committee Summary of mergers cases (Note by the OECD Secretariat) Australia - Merger Review - Cooperation in Transborder Transactions Mexico - Merger Enforcement OTHER CONTRIBUTIONS Bulgaria Romania Chile Slovenia China South Africa Estonia Chinese Taipei Indonesia Thailand Kenya Ukraine Latvia Venezuela Peru Zambia Unclassified CCNM/GF/COMP(2001)2/REV1 Organisation de Coopération et de Développement Economiques Organisation for Economic Co-operation and Development 15-Oct-2001 ___________________________________________________________________________________________ English - Or. English CENTRE FOR CO-OPERATION WITH NON-MEMBERS DIRECTORATE FOR FINANCIAL, FISCAL AND ENTERPRISE AFFAIRS Unclassified CCNM/GF/COMP(2001)2/REV1 OECD Global Forum on Competition REVISED PROVISIONAL FORUM AGENDA To be held at the OECD, Château de la Muette, 2 rue André-Pascal, 75116 Paris, on 17 October and 18 October, starting at 9:00 am English - Or. English JT00114599 Document complet disponible sur OLIS dans son format d’origine Complete document available on OLIS in its original format CCNM/GF/COMP(2001)2/REV1 OECD GLOBAL FORUM ON COMPETITION Paris, 17-18 October 2001 Provisional Forum Agenda 17 October 9:00-10:00 I. Welcome; Explanation of Purposes; Keynote Speeches • Deputy Secretary General Seiichi Kondo, OECD Competition Law & Policy Committee Chair Frédéric Jenny • Keynote speakers: • Commissioner Mario Monti, EU • Secretary General Rubens Ricupero, UNCTAD • US Deputy Assistant Attorney General William Kolasky 10:00-12:00 II. The Role of Competition Policy in Economic Reform; The Roles and Tools of Competition Authorities in Implementing Reform Chair: Frédéric Jenny (France) Presentations on the role of competition policy in economic reform: • Chairman Nam-kee Lee, Korea Fair Trade Commission • Minister for Antimonopoly Policy Iliya Yuzhanov, Russian Federation • Minister for Law, Justice and Company Affairs Arun Jaitley, India Presentations on how competition authorities promote compliance with competition law and attention to competition policy principles, followed by general discussion. • Canada will present the “conformity continuum” that describes the range of education, compliance and enforcement tools it uses. • The Indonesian authority will discuss the difficulties of promoting compliance with a new law when there is no competition culture. • The Chinese Taipei FTC will describe how it has worked to develop a competition culture by educating the public, business, and government. • BIAC and Consumers International will also make presentations. ---------------------- The OECD Secretariat is pleased to acknowledge the financial support of the Australian Agency for International Development, the Japan Fair Trade Commission, and the Korea Fair Trade Commission. 2 CCNM/GF/COMP(2001)2/REV1