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F EDERAL C OMPETITION A UTHORITY

F EDERAL C OMPETITION A UTHORITY. 20th Anniversary of the Independence of the Republic of Kazakhstan, formation of the CIS and Kazakhstany Animonopoly Authority “Competition advocacy and the value of International Cooperation“ Almaty, October 2011 Theodor Thanner Director General

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F EDERAL C OMPETITION A UTHORITY

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  1. FEDERALCOMPETITIONAUTHORITY 20th Anniversary of the Independence of the Republic of Kazakhstan, formation of the CIS and Kazakhstany Animonopoly Authority “Competition advocacy and the value of International Cooperation“ Almaty, October 2011 Theodor Thanner Director General Federal Austrian Competition Authority

  2. OUTLINE FEDERALCOMPETITIONAUTHORITY • Competition Law and Enforcement- a Global Issue • Ways of Cooperation • Regional cooperation • Other forms of advocacy • Outlook

  3. Competition Law and Enforcement- a Global Issue FEDERALCOMPETITIONAUTHORITY • Questions of competition law and enforcement are not limited by geographical borders (e.g. air cargo cartel, Intel/McAfee merger) • Economies interconnected (e.g. financial crisis) • Facing a well informed internationally well connected business community • Need for cross-border cooperation & coordination • Looking for common positions on common problems leads to mutual benefit • Develop policy coherence • Cooperation leads to harmonization on the long term

  4. FEDERALCOMPETITIONAUTHORITY Ways of Cooperation (cooperation vs. confidentiality) • Coordination of enforcement activities: e.g.FCA conducted inspections for the German Authority • Information Exchange • formal = exchange of confidential information: European Competition Network, obtain a waiver e.g. information obtained from third parties/undertakings • informal =exchange of non confidential information: bilateral update on recent developments e.g. existence of investigation, theories about markets or harm, industry background

  5. FEDERALCOMPETITIONAUTHORITY Ways of Cooperation • Notifications: Marchfeld Merger Platform • Exchange of views: Round Tables, bilateral meetings, Vienna Competition Conference 2010 • Informal Networks: ICN • Memoranda of understanding: FCA with FAS, Swiss Authority, Serbian Authority etc. • Technical Assistance: Twinning (FCA in Moldova), study visits, workshops

  6. Possible Stages of Cooperation FEDERALCOMPETITIONAUTHORITY Pre-investigatory stage: • getting leads • inform on start of investigation Investigatory Stage: • getting evidence • coordinate steps (uncoordinated inspections can lead to a destruction of evidence) • share ideas on assessment • share information on markets • inform on remedies (conflicting outcomes otherwise possible)

  7. Example of very advanced cooperation: European Competition Network FEDERALCOMPETITIONAUTHORITY • Regulation 1/2003 (1st may 2004) created a system of parallel competences • Commission and MS apply same competition rules • Inform each other • Exchange confidential information • Give administrative assistance (inspections etc.) • ECN working groups

  8. FEDERALCOMPETITIONAUTHORITY Regional Cooperation European Competition Network (ECN) Commonwealth of Independent States (CIS)-Interstate Council on Antimonopoly Policy(ICAP) International Competition Network (ICN) Marchfeld Competition Forum (Austria, Bulgaria, Croatia, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Romania, Slovakia, Slovenia, Switzerland, DG Competition) European Competition Authorities(ECA) Organization for Economic Co-operation and Development (OECD) United Nations Conference on Trade and Development (UNCTAD)

  9. FEDERALCOMPETITIONAUTHORITY Regional Cooperation BRIC (Brazil, Russia, India, China) Cooperation agreements of the EU with 3rd states International Chamber of Commerce (ICC) World Trade Organization(WTO) Nordic Competition Authorities Central European Competition Initiative (CECI) Baltic Competition Conference

  10. other forms of advocacy FEDERALCOMPETITIONAUTHORITY • Austrian Competition Journal (OZK) english/german • Regular lectures and round tables • Participation in public debates • Participation in legislative process (submit suggestions etc.) • Publish all relevant information on the homepage and on twitter • Press releases • Publications: e.g. Yearbook • Organize conferences

  11. Conclusion FEDERALCOMPETITIONAUTHORITY • Competition enforcement: becoming more international as businesses operate worldwide • Cooperation based on partnership needs to be strengthened • Emphasis should be put on regional cooperation, being a best practice to enhance efficiency! • International cooperation forms an important part of competition advocacy

  12. FEDERALCOMPETITIONAUTHORITY Thank you for your attention ! Twitter: bwb_wettbewerb www.bwb.gv.at

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