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The Voice of OECD Business

BIAC Competition Committee ICLA meeting Brussels 12 February 2014 Paul Lugard Vice-Chair BIAC Competition Committee (Partner Baker Botts Brussels). The Voice of OECD Business. What is BIAC ?. The Business and Industry Advisory Committee to the OECD (BIAC)

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The Voice of OECD Business

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  1. BIAC Competition CommitteeICLA meeting Brussels12 February 2014Paul LugardVice-Chair BIAC Competition Committee(Partner Baker Botts Brussels) The Voice of OECD Business

  2. What is BIAC ? The Business and Industry Advisory Committee to the OECD (BIAC) • An independent international business association devoted to advising government policymakers at the OECD and other related fora on the many diversified issues of globalisation and the world economy • Founded in 1962 – officially recognised by the OECD as being representative of the OECD business community • BIAC’s 41 members are the major business organisations in the 34 OECD member countries • BIAC Observer Members from 9 OECD Non-Member Countries (Argentina, Brazil, Colombia, India, Latvia, Morroco, Russia, South Africa)

  3. What is BIAC ? • BIAC advocates consensus industry views, primarily to the OECD and its member governments, so to ensure that the resulting policy instruments and guidance assist, not hinder, private sector capacity to generate growth and prosperity. • Through its 38 policy groups (Committees and Expert Groups), which cover the major aspects of OECD work most relevant to business, BIAC brings a cross sectoral and multidisciplinary view to OECD on its issues.

  4. What is BIAC’s mission ? • BIAC promotes the interests of business by engaging, understanding and advising OECD policymakers on a broad range of issues with the overarching objectives of: • Positively influencing the direction of OECD policy initiatives; • Ensuring that business and industry needs are adequately addressed in OECD policy decision instruments; • Providing members with timely information on OECD policies and their implications for business and industry.

  5. BIAC works on cutting edge policy issues in the following areas:

  6. BIAC Competition Committee • Bureau Members: • Chairman: Ms. Lynda Martin- Alegi (Baker Mackenzie, UK) • Vice Chairmen: Cal Goldman (Goodmans, Canada), John Taladay (Baker Botts, U.S.), Pascal Durand Barthez (Linklaters, France), Wolfgang Kopf (Deutsche Telekom, Germany) Paul Lugard (Baker Botts, Belgium, Brussels), Paolo Palmigiano (Sumitomo Electric Industries, UK) • Composition: • 125 Experts + from OECD and non-OECD Member Countries • Representation: Companies, Law Firms, Business Associations • BIAC Competition Committee works closely with other key business organisations and the Bar on relevant issues

  7. BIAC Competition Committee 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.

  8. BIAC Competition Committee Key Issue Areas • Harmonisation of Merger Control Procedures • International Antitrust Co-operation • Protection of Confidential Information in Antitrust Co-operation • Anti-Cartel Enforcement • Trade and Competition Linkages

  9. BIAC Competition Committee Priorities • 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.

  10. BIAC Competition Committee • 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.

  11. BIAC Competition Committee Recent Papers Submitted to OECD • Ex Officio Cartel Investigations and the use of Screens to Detect Cartels • The Role and Measurement of Quality in Competition Analysis • Definition of Transaction for the Purpose of Merger Control • International Co-operation and the 1995 Recommendation: Next Steps • Competition and Poverty Reduction • Vertical Restraints for On-line Sales • Competition Issues in the Food Chain Industry • Competition and Regulation Roundtable on Waste Management Services • Competition in Road Fuel • Competition Issues in Television and Broadcasting • Methods for Allocating Contracts for the Provision of Local and Regional Transportation Services

  12. BIAC Competition Committee Other BIAC Papers of Interest • Digital Economy (2013) • Leniency for subsequent Applicants (2012) • Efficiency claims in antitrust proceedings (2012) • Behavioural economics (2012) • Unilateral information exchange (2012) • Excessive prices (2011) • Procedural fairness and transparency (2011) • Compliance with competition law (2011) • Remedies in merger cases (2010) • Standard setting (2010) • Resale price maintenance (1997-2008) • Non-horizontal mergers (2007)

  13. BIAC Competition Committee OECD Competition Committee meetings in February 2014 • Investigations of consummated and non-notifiable mergers. • The role of competition in financial consumer protection. • Corruption and competition. • Competition issues in the distribution of pharmaceuticals.

  14. BIAC Competition Committee How to become involved and why? • Industry specific antitrust expertise is very welcome. • Contact BIAC member organisation (BDI, CBI, USCIB,FEB). • Contact BIAC Competition Committee leadership. • Ensures that the views of your sector and company are taken on board. • Stay informed and use OECD/BIAC materials in your day-to-day work.

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

  16. Contact the BIAC Secretariat at: Email: biac@biac.org www.biac.org

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