The role of the OECD in development and enforcement of competition law

• Autor(a) principal: Blachucki,Mateusz
• Data de Publicação: 2016
• Tipo de documento: Artigo
• Idioma: eng
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://scielo.pt/scielo.php?script=sci_arttext&pid=S2183-184X2016000300009
• topic: OECD; competition law; competition policy; public enforcement; international cooperation; Global Administrative Law

The paper presents the role of the Organization for Economic Cooperation and Development (OECD) in elaboration and proliferation of competition law across jurisdictions. Furthermore it discusses how the OECD enhances international cooperation in competition cases. The paper explains what distinguishes the OECD from the other international organizations (IOs) and international networks active in the field of competition law and policy. Taking the OECD example the paper proves that even if states are willing to harmonize their competition laws, at the same time they are not willing to transfer decision making powers in the given area outside their jurisdictions. Therefore the efforts of the OECD and other networks concentrate on removing legal and the other barriers between jurisdictions and invigorating real cooperation between agencies by providing them analytical and to lesser extent administrative assistance. The article concludes that the OECD used to play a leading role in the development of competition law worldwide but this preponderant role has been taken over by regional and global networks devoted solely to competition law. Nonetheless, the OCED continues to be an important intergovernmental think tank and respected reviewer of national public policies, including competition one.