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Competition Authorities Agree to Develop Merger and Unilateral Conduct Guidance, Emphasize Co-operation, Outreach, Implementation

01.06.2007

Competition authorities from around the world have agreed to work on a new set of recommendations on key substantive merger issues, produce guidance in the area of unilateral conduct, and promote further co-operation in anti-cartel enforcement. The decisions were made at the International Competition Network’s (ICN) 6th Annual Conference, which ended today.

“I’m very proud of how much the ICN has accomplished over the past year, and the path ahead promises to be equally exciting,” said Sheridan Scott, Chairperson of the ICN Steering Group. “We will continue our efforts in several areas, and we are also adding a new emphasis on outreach and implementation of the excellent work the ICN generates.”

To reinforce this added priority and achieve greater convergence in antitrust enforcement worldwide, three new Vice Chair positions have been created on the Steering Group. The Vice Chair International will focus on the interaction between the ICN and international organizations. The Vice Chair Outreach will encourage younger competition agencies and non-governmental advisors (NGAs) to become more involved in the ICN. The Vice Chair Implementation will promote and advocate for the adoption of ICN benchmarks and work products worldwide. The major objectives of these Vice Chairs are to promote the diffusion of ICN work products, the acceptance of ICN recommended practices and adherence to ICN principles.

Among other notable achievements over the past year:
A new chapter of the Anti-Cartel Enforcement Manual: Cartel Case Initiation and Prioritization;
Continued adoption by ICN members of changes to their merger review framework to bring their systems into greater conformity with the Recommended Practices for Merger Notification and Review Procedures. Three additional members have revised their merger review processes, bringing the total number of members that have made changes to 37;
A report on unilateral conduct issues regarding objectives, the assessment of dominance and substantial market power, and state-created monopolies; and
The identification of ten key considerations that young competition agencies, providers and donors of technical assistance should take into account in order to implement a successful technical assistance program.
The ICN was created in October 2001 by 16 competition agencies from around the world. It now includes 100 member agencies from 88 jurisdictions. The ICN is a project-oriented and consensus-based organization, with members from developed and developing economies. Its Recommended Practices provide benchmarks which form a baseline for reliable competition enforcement and advocacy practices worldwide.

The 7th ICN Annual Conference will be held in Kyoto, Japan from April 14 to 16, 2008.

For more information, please visit the ICN Web site at http://www.internationalcompetitionnetwork.org.
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