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International Co-operation from an European Perspective

International Co-operation from an European Perspective. Andreas Mundt Bundeskartellamt Mariana Tavares Autoridade da Concorrência ICN Annual Meeting Moscow 29th May – 1st June. Co-operation with Non-ECN-Countries Co-operation within the ECN. Co-operation Bundeskartellamt / US DoJ

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International Co-operation from an European Perspective

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  1. International Co-operation from an European Perspective Andreas Mundt Bundeskartellamt Mariana Tavares Autoridade da Concorrência ICN Annual Meeting Moscow 29th May – 1st June

  2. Co-operation with Non-ECN-Countries Co-operation within the ECN • Co-operation Bundeskartellamt / US DoJ • Co-operation Portuguese Competition Authority / Lusophone Competition Network • Co-operation in the Pre-ECN-Era (Medieval Times of European Co-operation) • Co-operation within the ECN

  3. Co-operation Bundeskartellamt / US DoJ (Semi-)Informal co-operation • Government Agreement on Mutual Co-operation Regarding Restrictive Business Practices (1976) • Exchange of information • Coordination (dawn raids) • Efficient, Enables in-depth co-operation

  4. Co-operation Bundeskartellamt / US DoJ Formal co-operation • Law on international co-operation in criminal matters • Legal basis not tailored for antitrust cases • Lengthy and complex procedures • Information deficit in requested authority • Unusual cases for courts

  5. Lessons to be learnt Clear and tailored legal basis for co-operation as one prerequisite for success • Amendment of German competition act in 2005 for facilitated co-operation with Non-ECN-Countries • Mutual Legal Assistance Treaty (MLAT) between Germany and US will soon enter into force

  6. Lusophone CompetitionNetwork Where do we stand? ￭2nd Meeting of LCN, in the framework of the Second Lisbon Competition Week, 2006 (co-organized withUNCTAD & CADE) * Progress in regulatory reform and competition policy peer review of country developments *Removing the regulatory burden reducing the costs of doing business * Institutional Framework for the application of legislation UNCTAD Model Law and EU Competition Legislation * Case studies Brazilian, Portuguese and UNCTAD experiences

  7. Lusophone CompetitionNetwork Where from ? ￭Rio Declaration on Competition and Development (2004) Promotion of an effective competition policy as an instrument to foster economic development and sustainable growth among LCN Members: Angola, Brazil, Cape Verde, Guinea-Bissau, Mozambique, Portugal, S. Tomé Principe, Timor ￭ MoU with UNCTAD Cooperation with multilateral institutions active in competition policy ￭ Comprehensive dialog with the business community Conselho Empresarial da CPLP (CPLP Corporate Stakeholders)

  8. Lusophone CompetitionNetwork What’s next? Angola is on driver’s seat It will organise the 3rd LCN Biannual Meeting, in 2008 Towards the progressive enacting of competition legislation in selected countries

  9. Co-operation Agreement Brazil/Portugal in Competition Matters A bilateral effort on institutional cooperation ￭ Signed in Lisbon, in 2005, between AdC (PT) & CADE, SDEMD, SAEMF (BR) ￭ The co-operation agreement provides for, inter alia: * Exchange of relevant information on anticompetitive activity; * Mutual consultation on matters of competition policy affecting both jurisdictions; * Share of final decisions and interim documentation on antitrust enforcement and merger control.

  10. European Co-operation:The Pre-ECN-Era Medieval Times of European Co-operation • Co-operation between Dutch NMa and Bundeskartellamt in the “Crab fisher case” • Six months to identify legal basis and clarify procedures in Germany • Co-operation daily business for ECN-Authorities under EU Regulation 1/2003 since 1st May 2004

  11. Cooperation within European Competition Network The decentralized application of EU Competition Law Regulation 1/2003 ￭ Application of the articles 81 and 82 EC Treaty Throughout *27 Member States & the European Commission Including * 28 different procedural legislations Covering * 23 official languages

  12. Cooperation within European Competition Network Main features ￭ Case allocation: Principles for work sharing ￭ Coordination to ensure a consistent application of articles 81 and 82 EC Treaty The EU Commission’s Role - a Primus inter Pares ￭ Assistance in respect of fact-finding Carrying out inspections or other f.f.m. on behalf and for the account of the CA of another Member State Exchange and use as evidence by CAs of information collected by other CAs (including confidential information)

  13. Thank you www.bundeskartellamt.de www.autoridadedaconcorrencia.pt

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