Antitrust Law Daily Wrap Up, ANTITRUST NEWS: ICN approves new guidance relating to mergers, cartels, and competition advocacy, (Apr 29, 2016)
By Michael Menzhuber, J.D., LL.M.
During its 15th annual conference, the International Competition Network (ICN) approved new guidance related to merger remedies, agency assessments and performance measurement, cartel investigative powers, market studies, competition agency ethics programs, and advocacy to the business community, the FTC and Department of Justice (DOJ) jointly announced today.
Hosted by the Competition Commission of Singapore (CCS) on April 26-29, the annual conference drew more than 550 delegates from 80 jurisdictions, including competition experts from international organizations and the legal, business, consumer, and academic communities. FTC Chairwoman Edith Ramirez and Principal Deputy Assistant Attorney General Renata Hesse of the DOJ’s Antitrust Division led the U.S. delegation.
Chairwoman Ramirez spoke on a panel about disruptive innovation and competition advocacy, where she highlighted the FTC’s advocacy in markets being shaped by new forms of competition, including emerging Internet peer-to-peer platforms and health. She also accepted an award for the FTC’s advocacy work involving the sharing economy as part of the Annual ICN/World Bank Advocacy Contest.
Hesse moderated a panel on monopolization and the global economy, as part of the Unilateral Conduct Working Group’s ongoing project on a framework for single-firm conduct enforcement. Activities of other working groups during the conference included:
Agency Effectiveness Working Group: Developed reports on agency ethics and measuring agency performance, which were adopted at the conference and presented new online training modules on setting up a new competition agency, setting priorities, conducting dawn raids in cartel investigations, applying economic analytical tools, and addressing state restraints—adding to the ICN’s Training on Demand online curriculum.
Merger Working Group: Presented the Mergers Remedies Guide, which was adopted by the ICN’s members and to which the FTC and DOJ were active contributors, which details overarching principles that are the basis of merger remedies and provides practical guidance on how these principles inform the design and implementation of merger remedies.
Cartel Working Group: Presented a catalog of agency investigative powers and a framework for sharing non-confidential information to aid members’ cartel enforcement efforts and held discussions that addressed effective detection and deterrence, enforcement cooperation, leniency, compliance, and sanctions.
Advocacy Working Group: Presented an update of its Market Studies Good Practices Handbook and online Market Studies Information Store and expanded its web-based toolbox on competition advocacy, providing examples of agency messages to business on the benefits of competition.
Unilateral Conduct Working Group: Provided an update of its work on the Analytic Framework for Assessing Unilateral Conduct and announced the launch of a new project to analyze the effects of vertical restraints in online markets.
The ICN also presented findings from a network-wide assessment, known as its “Second Decade initiative,” to help shape its operations, agency, and future work plans. The results reinforced the network’s commitment to: (1) inclusive engagement with its members and non-governmental advisors; (2) experience sharing and the exchange of best practices; (3) promotion of convergence and cooperation around sound enforcement approaches; and (4) international advocacy for competition principles to the benefit of member agencies, consumers, and economies worldwide.
The ICN was created in October 2001, when the FTC and the DOJ joined antitrust agencies from 13 other jurisdictions to increase understanding of competition policy and promote convergence toward best practices around the world. The ICN now comprises 132 member agencies from 120 jurisdictions.
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