BIAC Competition Committee ICLA meeting Brussels 12 February 2014 Paul Lugard Vice-Chair BIAC Competition Committee (Partner Baker Botts Brussels) The

BIAC Competition CommitteeBIAC Competition Committee

ICLA meeting BrusselsICLA meeting Brussels12 February 201412 February 2014

Paul LugardPaul LugardVice-Chair BIAC Competition CommitteeVice-Chair BIAC Competition Committee

(Partner Baker Botts Brussels)(Partner Baker Botts Brussels)

The Voice of OECD The Voice of OECD BusinessBusiness

What is BIAC ?What is BIAC ?

The Business and Industry Advisory The Business and Industry Advisory Committee to the OECD (BIAC)Committee to the OECD (BIAC)

An independent international business association devoted to An independent international business association devoted to advising government policymakers at the OECD and other related advising government policymakers at the OECD and other related fora on the many diversified issues of globalisation and the world fora on the many diversified issues of globalisation and the world economyeconomy

Founded in 1962 – officially recognised by the OECD as being Founded in 1962 – officially recognised by the OECD as being representative of the OECD business communityrepresentative of the OECD business community

BIAC’s 41 members are the major business organisations in the 34 BIAC’s 41 members are the major business organisations in the 34 OECD member countriesOECD member countries

BIAC Observer Members from 9 OECD Non-Member Countries BIAC Observer Members from 9 OECD Non-Member Countries (Argentina, Brazil, Colombia, India, Latvia, Morroco, Russia, South (Argentina, Brazil, Colombia, India, Latvia, Morroco, Russia, South Africa)Africa)

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What is BIAC ?What is BIAC ?

BIAC advocates BIAC advocates consensus industry viewsconsensus industry views, primarily , primarily to the OECD and its member governments, so to to the OECD and its member governments, so to ensure that the resulting policy instruments and ensure that the resulting policy instruments and guidance assist, not hinder, private sector capacity guidance assist, not hinder, private sector capacity to generate growth and prosperity.to generate growth and prosperity.

Through its Through its 38 policy groups 38 policy groups (Committees and (Committees and Expert Groups), which cover the major aspects of Expert Groups), which cover the major aspects of OECD work most relevant to business, BIAC brings OECD work most relevant to business, BIAC brings a cross sectoral and multidisciplinary view to OECD a cross sectoral and multidisciplinary view to OECD on its issues.on its issues.

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What is BIAC’s mission ?What is BIAC’s mission ?

BIAC promotes the interests of business by BIAC promotes the interests of business by engaging, understanding and advising engaging, understanding and advising OECDOECD policymakers on a broad range of issues with the policymakers on a broad range of issues with the overarching objectives of:overarching objectives of:

Positively influencing Positively influencing the direction of OECD policy the direction of OECD policy initiatives;initiatives;

Ensuring that business and industry needs are Ensuring that business and industry needs are adequately addressedadequately addressed in OECD policy decision in OECD policy decision instruments;instruments;

Providing members with Providing members with timely information timely information on OECD on OECD policies and their implications for business and policies and their implications for business and industry.industry.

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BIAC works on cutting edge BIAC works on cutting edge policy issues in the following policy issues in the following

areas:areas:Economy Society• Competition• Economic Policy• Investment

• Taxation• Trade• Export Credits

• Education• Employment, Labour and Social Affairs

• Consumer Policy• Health Care• Private Pensions

Governance Innovation• Public Governance• Anti-Bribery and Corruption

• Corporate Governance• Corporate Responsibility

• Biotechnology• Nanotechnology• Technology

• Information, Computer and Communications• IPR

Emerging Economies Sustainability• Africa• China• Russia

• Middle East and North• Africa (MENA)• Southeast Europe

• Agriculture• Chemicals• Climate Change

• Energy• Environment• Water

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BIAC Competition BIAC Competition CommitteeCommittee

Bureau MembersBureau Members::

Chairman: Ms. Lynda Martin- Alegi (Baker Mackenzie, UK)Chairman: Ms. Lynda Martin- Alegi (Baker Mackenzie, UK) Vice Chairmen: Cal Goldman (Goodmans, Canada), John Vice Chairmen: Cal Goldman (Goodmans, Canada), John

Taladay (Baker Botts, U.S.), Pascal Durand Barthez Taladay (Baker Botts, U.S.), Pascal Durand Barthez (Linklaters, France), Wolfgang Kopf (Deutsche Telekom, (Linklaters, France), Wolfgang Kopf (Deutsche Telekom, Germany) Paul Lugard (Baker Botts, Belgium, Brussels), Germany) Paul Lugard (Baker Botts, Belgium, Brussels), Paolo Palmigiano Paolo Palmigiano (Sumitomo Electric Industries, UK)(Sumitomo Electric Industries, UK)

Composition:Composition: 125 Experts 125 Experts + from OECD and non-OECD Member + from OECD and non-OECD Member

CountriesCountries Representation: Companies, Law Firms, Business Representation: Companies, Law Firms, Business

AssociationsAssociations

BIAC Competition Committee works closely with other BIAC Competition Committee works closely with other key business organisations and the Bar on relevant key business organisations and the Bar on relevant issuesissues 6


Mission Mission

The BIAC Competition Committee informs and encourages senior regulators and antitrust enforcers to act consistently and proportionately in accordance with due process and best practice, with respect to the objectives of effective enforcement of competition laws.

Its primary objective is maintenance of business competitiveness and the efficient operation of markets with a minimum necessary level of regulatory intervention across all business sectors. 7


Key Issue Areas

Harmonisation of Merger Control ProceduresInternational Antitrust Co-operationProtection of Confidential Information in Antitrust Co-operationAnti-Cartel EnforcementTrade and Competition Linkages

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PrioritiesPriorities

Contribute papers and reflect business views to the OECD Roundtable discussions of the OECD Competition Committee, and its working parties on competition and regulation (WP2); International Co-operation and Enforcement (WP3).

Continue dialogues with the OECD Competition Committee and its Working Parties as relevant on the issue of agency co-operation at the international level.

Participate to the annual OECD Global Forum on Competition, which addresses competition policy issues in the development context.

Address competition policy issues on the intersection with other policy areas i.e. consumer policy, Intellectual property rights issues (IPR), innovation, green growth, trade and investment.

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Participation in OECD Competition Committee meetings 3 times a year in Paris (February, June, October). Participation in Roundtable discussions on e.g. merger remedies.

Develops BIAC positions on competition topics addressed by OECD via conference calls and e-mail exchange. Competition policy in financial consumer protection. Revision 1995 OECD Recommendation on enforcement

cooperation.

Participation in specific OECD projects and meetings. Economic analysis regarding competition policy and economic

growth. Expert presentations, e.g. standardisation, merger remedies.

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Recent Papers Submitted to OECDRecent Papers Submitted to OECD

Ex Officio Cartel Investigations and the use of Screens to Detect CartelsEx Officio Cartel Investigations and the use of Screens to Detect Cartels

The Role and Measurement of Quality in Competition AnalysisThe Role and Measurement of Quality in Competition Analysis

Definition of Transaction for the Purpose of Merger Control Definition of Transaction for the Purpose of Merger Control

International Co-operation and the 1995 Recommendation: Next Steps International Co-operation and the 1995 Recommendation: Next Steps

Competition and Poverty ReductionCompetition and Poverty Reduction

Vertical Restraints for On-line SalesVertical Restraints for On-line Sales

Competition Issues in the Food Chain IndustryCompetition Issues in the Food Chain Industry

Competition and Regulation Roundtable on Waste Management Services Competition and Regulation Roundtable on Waste Management Services

CompetitionCompetition in Road Fuel in Road Fuel

Competition Issues in Television and BroadcastingCompetition Issues in Television and Broadcasting

Methods for Allocating Contracts for the Provision of Local and Regional Methods for Allocating Contracts for the Provision of Local and Regional

Transportation ServicesTransportation Services

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Other BIAC Papers of InterestOther BIAC Papers of Interest

Digital Economy (2013)Digital Economy (2013)

Leniency for subsequent Applicants (2012)Leniency for subsequent Applicants (2012)

Efficiency claims in antitrust proceedings (2012)Efficiency claims in antitrust proceedings (2012)

Behavioural economics (2012)Behavioural economics (2012)

Unilateral information exchange (2012)Unilateral information exchange (2012)

Excessive prices (2011)Excessive prices (2011)

Procedural fairness and transparency (2011)Procedural fairness and transparency (2011)

Compliance with competition law (2011)Compliance with competition law (2011)

Remedies in merger cases (2010)Remedies in merger cases (2010)

Standard setting (2010)Standard setting (2010)

Resale price maintenance (1997-2008)Resale price maintenance (1997-2008)

Non-horizontal mergers (2007)Non-horizontal mergers (2007)

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OECD Competition Committee meetings in OECD Competition Committee meetings in February 2014February 2014

Investigations of consummated and non-notifiable mergers.Investigations of consummated and non-notifiable mergers.

The role of competition in financial consumer protection.The role of competition in financial consumer protection.

Corruption and competition.Corruption and competition.

Competition issues in the distribution of pharmaceuticals.Competition issues in the distribution of pharmaceuticals.

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How to become involved and why?How to become involved and why?

Industry specific antitrust expertise is very welcome.Industry specific antitrust expertise is very welcome.

Contact BIAC member organisation (BDI, CBI, USCIB,FEB).Contact BIAC member organisation (BDI, CBI, USCIB,FEB).

Contact BIAC Competition Committee leadership.Contact BIAC Competition Committee leadership.

Ensures that the views of your sector and company are Ensures that the views of your sector and company are

taken on board.taken on board.

Stay informed and use OECD/BIAC materials in your day-to-Stay informed and use OECD/BIAC materials in your day-to-

day work.day work.

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Concluding QuoteConcluding Quote

““The OECD seeks to improve the quality of The OECD seeks to improve the quality of governance for business and markets by governance for business and markets by promoting open markets, a level playing promoting open markets, a level playing field, and sound regulation. Our unique field, and sound regulation. Our unique relationship with the business relationship with the business community makes us stronger, wiser, community makes us stronger, wiser, and more sensitive to the issues of the and more sensitive to the issues of the private sector.”private sector.”

Angel GurríaAngel GurríaSecretary-General, OECDSecretary-General, OECD

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Contact the BIAC Secretariat at: Contact the BIAC Secretariat at:

Email: Email: [email protected]

www.biac.org

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Documents

BIAC Competition Committee ICLA meeting Brussels 12 February 2014 Paul Lugard Vice-Chair BIAC Competition Committee (Partner Baker Botts Brussels) The