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
 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
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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
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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
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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-ECNCountries
 Mutual Legal Assistance Treaty (MLAT) between
Germany and US will soon enter into force
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Lusophone Competition Network
Where do we stand?
￭ 2nd Meeting of LCN, in the framework of the Second Lisbon
Competition Week, 2006 (co-organized with UNCTAD & 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
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Lusophone Competition Network
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)
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Lusophone Competition Network
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
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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.
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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
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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
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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)
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Thank you
www.bundeskartellamt.de
www.autoridadedaconcorrencia.pt
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