Antitrust Law Daily Wrap Up, ANTITRUST NEWS: International Competition Network adopts predatory pricing analysis, competition assessment at annual conference, (Apr 25, 2014)

By John W. Arden, J.D., LL.M.

During the 13th annual conference of the International Competition Network (ICN), the association of international antitrust agencies adopted new recommended practices for predatory pricing analysis and competition assessment and approved new work product on international merger enforcement cooperation, confidentiality protections during investigations, leniency policy, and digital evidence gathering, according to an April 25 FTC announcement.

The ICN was created in October 2001, when the FTC and Department of Justice joined antitrust agencies from 13 other jurisdictions to increase understanding of competition policy and promote convergence toward best practices around the world. The organization now comprises 128 member agencies from 115 jurisdictions.

Held on April 23-25 in Marrakesh, Morocco, the 2014 annual conference drew more than 500 delegates from 90 jurisdictions, including competition experts from international organizations and the legal, business, consumer, and academic communities. FTC Chairwoman Edith Ramirez and Assistant Attorney General Bill Baer of the Department of Justice’s Antitrust Division led the U.S. delegation.

The conference showcased the achievements of ICN working groups on cartels, competition advocacy, competition agency effectiveness, mergers and unilateral conduct. Ramirez participated in the Merger Working Group’s plenary discussion of international cooperation in merger cases, the subject of a multi-year study by the working group. The Department of Justice, which co-chairs the Cartel Working Group, addressed the challenges of cartel enforcement, including prevention, detection, investigation, and sanctioning of cartel conduct. Baer spoke on a panel about effective cartel enforcement, highlighting the Antitrust Division’s digital evidence gathering techniques.

The Merger Working Group presented a report, detailing agencies’ experiences with international enforcement cooperation that will inform the development of ICN guidance on effective cooperation. This initiative furthers the working group’s mission to promote the adoption of best practices in the design and operation of merger review laws.

The Agency Effectiveness Working Group, co-chaired by the FTC, addressed agency strategy, planning, operations, and investigative tools and procedures. The working group also produced a report on confidentiality protections and new recommended practices for predatory pricing investigations.

The Advocacy Working Group presented a set of recommended practices on competition assessment, the exercise of evaluating the effects on competition of a proposed or existing law, regulation or policy. The ICN recommendations extend and complement work by the Organisation for Economic Co-operation and Development (OECD) in its Competition Assessment Toolkit, and advance the working group’s goal to promote the development of practical tools and guidance to improve the effectiveness of competition agencies’ competition advocacy activities, the FTC explained.

Further information about the ICN and its work appears here on the organization’s website.

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