Autoridade da Concorrência - English version
 



Cooperation – Ibero-American Competition Forum

The Course at the Ibero-American School for Competition, held in Madrid between 20 November and 1 December 2006

A staff-member of the Portuguese authority attended the school's activities with the aim of sharing the relevant Portuguese experience with Latin-American counterparts and, as in earlier years, the Competition Authority sent one of its departmental heads to participate as a lecturer. The lecture topic dealt with the introduction of the leniency programme in Portugal.

A staff-member of the Portuguese authority attended the school's activities with the aim of sharing the relevant Portuguese experience with Latin-American counterparts and, as in earlier years, the Competition Authority sent one of its departmental heads to participate as a lecturer. The lecture topic dealt with the introduction of the leniency programme in Portugal.

Within the Ibero-American context, in cooperation with the Spanish Court for the Protection of Competition and the OECD, the Competition Authority organised two events in Lisbon. The first was the Ibero-American Workshop on Competition Policy, held in Lisbon between 31 May and 1 June, and the second the Annual Meeting of the Forum, which took place on 2 June. Among those present were the presidents of the regulatory bodies for competition in Argentina, Brazil, Chile, Costa Rica, El Salvador, Spain, Mexico, Nicaraguan and Peru.

The Ibero-American Workshop on Competition Policy 2006

The workshop programme was structured around discussion, on the one hand, of a highly important sector to the Authorities represented – telecommunications – and, on the other, of case studies analysing mergers and anti-competitive practices.

In the session devoted to “Competition and regulation in telecommunications” it was stressed that the tendency towards growing technological convergence allows new possibilities for competition. Of particular importance is the role that falls to the Competition Authorities of ensuring that the benefits of this convergence are passed on to the consumer. In the session on the topic “The promotion of competition in the telecommunications sector”, a round table was held, at which the ANACOM president and Edward Whitehorn of the OECD Competition Division, among others, were present.

In the session devoted to the topic “Mergers between undertakings”, case studies from Brazil, Portugal and Mexico were presented. An analysis of these cases demonstrated that there is a significant degree of similarity in the methodologies used by the different competition authorities.

In the panel on “Abuse of a dominant position”, Argentina and Spain presented cases exemplifying their experience in this field.

Discussion also covered the methodology to be used in the investigation of cases involving a margin squeeze in sectors with rapid technological development. For the participants it was of fundamental importance to find mechanisms that guarantee the effectiveness of sanctioning mechanisms and assure the deterrent effect of convictions on both offenders and other economic agents.

Annual Meeting of the Ibero-American Competition Forum 2006

The Forum was the setting for a panel on reform of Article 82 of the EC treaty, which prohibits abuse of a dominant position. It was mentioned that the European Commission has preferred to focus its attention on the effects of abuse, to the detriment of a more formal vision. Following the presentations, a debate was held on this reform and, in particular, on the possible implications of the European Commission's position on this subject.

The creation of an information and knowledge network within the scope of the Ibero-American Forum was also discussed. This arose from a proposal presented by Portugal, aimed at fostering exchanges between academics and researchers in the fields of competition law and industrial organisation. This exchange would be centred on specific research projects that, among others, address the following areas, which are recognised as of particular significance for Latin American countries:

  • Privatisation, liberalisation and competition;
  • Competition and regulation in network industries;
  • The model for and organisation of competition institutions and the sectoral regulation of competition;
  • Competition policies (ex ante and ex post) against collusion;
  • The economic impact of cartels.

Given the synergies between the initiatives of the OECD and Ibero-American Forum, it was decided to make efforts to coordinate them. For this purpose, the establishment of a permanent secretariat, rotating among the member-countries, will be considered. In this context, the Mexican Comisión Federal de Competencia will organise the 2007 meeting of the Ibero-American Competition Forum, to follow a workshop for the same target-group to be organised by the OECD.



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