Does the authority cooperate with antitrust authorities in other jurisdictions?
Merger Control (4th edition)
Austria is a Member State of the EU and the BWB cooperates closely with the European Commission and national competition authorities. A particularly close cooperation exists with the German Bundeskartellamt.
It is reported that by the end of 2018, the authority has entered into 14 bilateral memorandums with other jurisdictions, such as the U.S., the EU, Japan, Canada, Brazil, South Africa, German, Russia and South Korea. In addition to exchanges and dialogues on competition policies, enforcement cooperation in review of individual cases are carried out.
The CPC cooperates with the European Commission and national competition authorities in other EU Member States on the basis of the system of parallel competences and the exchange of views and information between them via the European Competition Network.
Under the EU merger control rules, the DCCA is obliged to cooperate with the Commission. Moreover, the DCCA cooperates with national competition authorities in other EU member states when a merger is subject to review in more than one member state. The parties to the merger will have to consent to the exchange of any confidential information between the national competition authorities.
The SCPM has signed cooperation agreements with other antitrust authorities to collaborate in this type of cases. To date, the SCPM has cooperation agreements signed with antitrust authorities from Argentina, Austria, Brazil, Chile, the Dominican Republic, El Salvador, France, Greece, Honduras, Italy, Mexico, Paraguay, Russia, Spain, Tunisia and Uruguay. The SCPM frequently holds meetings with sister authorities to exchange opinions and benefit from the experience of other countries in antitrust matters. The SCPM may sign agreements with sister authorities to share information that could be of benefit to both parties.
The Commission works closely with European NCAs through the ECN (European Competition Network), which aims to ensure the effective and consistent application of European competition rules. The Commission also works with the ICN (International Competition Network) to address practical antitrust/merger enforcement and policy issues globally.
The Commission has also entered into collaboration agreements with non-EU authorities, such as Brazil, Canada, China, India, Japan, South Korea, Mexico, Russia, South Africa, Switzerland and the US. The purpose of these agreements is to facilitate cooperation between the authorities on general issues, but also to exchange information on specific transactions, though the Commission can only share information with non-EU authorities if the parties give the Commission a special waiver to do so.
The FCA is a member of the International Competition Network (ICN), the European Competition Network (ECN) and the European Competition Authorities Association (ECA).
Within this framework, there is a regular flow of information between competition authorities concerning pending merger cases.
Yes, the FCO cooperates with antitrust authorities in other jurisdictions. The German FCO is a member of the European Competition Network (ECN) and regularly exchanges relevant information with authorities in other member states. The FCO may exchange any information relevant for the application of Art. 101, 102 TFEU with other members as well as with the European Commission.
It is unknown whether there is a list or comparable collection of cooperation agreements of the FCO with competition authorities outside of the ECN. The FCO does cooperate within the International Competition Network (ICN) the Organization for Economic Cooperation and Development (OECD) and the United Nations Conference on Trade and Development (UNCTAD). Exchange of information may take place on a case-to-case basis.
However, the FCO may only exchange information originating from merger proceedings with competition authorities outside of the ECN with the prior consent of the undertaking that submitted the information. There is no legal consequence for refusing consent.
The CCI has entered into several bilateral/multilateral international cooperation agreements with other competition regulators, such as the European Commission, the Competition Bureau Canada, the Australian Competition and Consumer Commission, the US Federal Trade Commission (FTC) and regulators of the BRICS nations. The CCI reaches out to other competition authorities during the review process and regularly seeks waivers from parties to share information with other authorities in large global transactions.
The CCPC cooperates with competition agencies in other jurisdictions. The CCPC is a member of the International Competition Network (“ICN”) and the European Competition Network (“ECN”). The ECN facilitates cooperation in the consistent application of EU competition rules through arrangements for information sharing, assistance and consultation.
The CCPC notification form requires notifying parties to state whether the transaction is subject to review by any other competition or regulatory agency. If the transaction has been notified to another agency, the parties can expect the CCPC and the other agency to contact each other. The CCPC's practice is to seek a waiver from the parties in respect of the exchange of information if it intends to contact a merger control authority in another jurisdiction.
The Israeli Competition Authority often engages in discussions with antitrust authorities in other jurisdictions, particularly the European Commission.
The KFTC cooperates with antitrust authorities in other jurisdictions in its review of mergers, if necessary.
The authority cooperates and communicates with peers in other jurisdictions as several cooperation agreements have been executed. Confidential information is kept as such, unless the parties waive confidentiality to allow it to exchange information with other authorities in other jurisdictions.
The NCA does not directly participate in the European Competition Network ("ECN"), as Norway is not a member of the EU. However, the EFTA Surveillance Authority ("ESA") and the national competition authorities of the EFTA States can participate in ECN meetings, although only for the purpose of discussing general policy issues (Protocol 23, EEA Agreement). ESA and the EEA/EFTA countries have established their own network for cooperating on the enforcement of cases that fall under the EFTA’s scope.
In addition, the NCA has entered into several inter-agency agreements with other national competition authorities, such as the Nordic countries’ competition authorities. The NCA may exchange information with the competition authorities in other countries in order to fulfil national obligations set out in international agreements. However, any further disclosure of the information by the recipient authority must be authorized by the NCA, and the information must only be used for the specific purpose defined
Considering that the PCC is a young competition authority, there is no official policy yet on this matter. However, future cooperation by the PCC with foreign antitrust authorities is highly likely.
The PCA actively participates in international forums, such as the International Competition Network, and the European Competition Network (‘the ECN’). In the framework of the ECN, the PCA is informed of mergers notified in other Member States with a potential impact in Portugal, and is code-sharing meetings until 2020. Further, in the event of multijurisdictional notifications, it is possible that the PCA is proactive in trying to coordinate its position and the procedural deadlines with others, in particular with ECN authorities such as the Spanish Competition Authority, followed by the European Commission and the UK Competition and Markets Authority. Moreover, the PCA is a founding member of the Ibero-American Forum on the Protection of Competition (which includes Portugal, Spain and most Latin American countries) and of the network for competition authorities of Portuguese speaking countries.
FAS cooperates with antitrust authorities in other jurisdictions and is trying to expand such cooperation. According to FAS, FAS has been increasingly coordinating its approach in global transactions with competition authorities from other countries. In particular work-ing groups with other BRICS countries have been set up over the last few years, and an ongoing relationships with other competition authorities exist. As an example, in Sie-mens/Alstom FAS consulted with the EU Commission and the competition authorities in South Africa, India, China, Brazil, the United States, Australia and Saudi Arabia.
Yes, for example, the SCA is a member of the EU Merger Working Group which allows the SCA to cooperate with other European competition law authorities in merger filing matters.
The ComCo participates actively in various networks of competition authorities and is a member of the Competition Committee of the Organisation for Economic Cooperation and Development (OECD) and the International Competition Network (ICN). These networks primarily serve the exchange of knowledge and experience.
The agreement between the Swiss Confederation and the European Union (EU) on cooperation in the application of its competition law should also be mentioned. The agreement offers the possibility of informing each other about enforcement measures, coordinating them and exchanging information. At the same time, it contains clear rules on compliance with the existing procedural guarantees for the companies concerned.
It is possible that the authority can cooperate with antitrust authorities in other jurisdictions.
The Authority is empowered to contact with certain regulatory authorities around the world to exchange information, including the European Commission. In this respect, Article 43 of Decision No. 1/95 of the EC-Turkey Association Council (Decision No. 1/95) authorises the Authority to notify and request the European Commission (Competition Directorate-General) to apply relevant measures if the Board believes that transactions realised in the territory of the European Union adversely affect competition in Turkey. Such provision grants reciprocal rights and obligations to the parties (EU-Turkey), and thus the European Commission has the authority to request the Board to apply relevant measures to restore competition in relevant markets.
Moreover, the research department of the Authority makes periodic consultations with relevant domestic and foreign institutions and organisations. The Commission has been reluctant to share any evidence or arguments with the Authority, in a few cases where the Authority explicitly asked for them.
Apart from those, the Competition Authority has international cooperation with several antitrust authorities in other jurisdictions. Additionally, the Competition Authority develops training programmes for cooperation purposes. In recent years, programmes have been organised for the board members of Pakistani Competition Authority, top managers of the National Agency of the Kyrgyz Republic for Anti-Monopoly Policy and Development of Competition, members of the Mongolian Agency for Fair Competition and Consumer Protection, and board members of the Turkish Republic of Northern Cyprus’s Competition Authority. Similar programmes have also been developed in cooperation with the Azerbaijan State Service for Antimonopoly Policy and Consumers’ Rights Protection, the State Committee of the Republic of Uzbekistan on De-monopolisation and Ukrainian Anti-Monopoly Committee.
These programmes were held according to the bilateral cooperation agreements.
The CMA cooperates closely with the European Commission and national competition authorities of EEA Member States through the European Competition Authorities (ECA) network. In addition, an EU Merger Working Group comprising the European Commission and the competition authorities of EU member states has developed Best Practices on Cooperation between EU National Competition Authorities in Merger Review, which sets out non-binding principles of cooperation concerning mergers subject to review in more than one EU Member State. Parties that notify in these jurisdictions will generally be asked if they are notifying in any other ECA jurisdictions and, if so, officials from the relevant jurisdictions will liaise and coordinate their reviews (although confidential information will only be disclosed if permitted by national legislation or a waiver provided by the parties). It remains to be seen whether these information sharing and cooperation arrangements will be replicated after the UK ceases to be a member of the European Union.
The CMA may also engage in similar cooperation with non-EU authorities, such as the US Department of Justice and Federal Trade Commission.
AMCU cooperate with competition authorities in other jurisdictions through bilateral treaties between Ukraine and other countries or between the AMCU and competition authorities. The AMCU cooperates with the competition authorities of certain CIS countries – members of the Agreement on Conducting Coordinated Antimonopoly Policy dated 2000 through the Interstate Council on Antimonopoly Policy established pursuant to the requirements of the Agreement. The AMCU also collaborates with international organizations such as the Organization for Economic Cooperation and Development, United Nations Conference on Trade and Development, the International Competition Network and others. Particularly, OECD provides the AMCU with specific recommendations of improvement to diverse aspects of the AMCU authorized activity.
The US antitrust agencies may cooperate with authorities in other jurisdictions when investigating multi-jurisdictional transactions. In January 2017, the FTC and DOJ announced revised joint Antitrust Guidelines for International Enforcement and Cooperation (Guidelines) that discuss the agencies’ international enforcement policy and investigative tools. The Guidelines explain in detail that, where relevant and appropriate, cooperation can include: initiating informal discussions and informing cooperating authorities of respective investigations; engaging in detailed discussions of substantive issues; exchanging information; conducting joint interviews; and coordinating remedy design and implementation. However, the HSR Act prohibits the US antitrust agencies from disclosing information obtained pursuant to the HSR Act without a waiver of confidentiality from the parties. Merging parties will often provide a waiver of confidentiality to the relevant foreign authority. Waivers generally allow the cooperating authorities to share documents, statements, data, and other information. Parties contemplating complex, cross-border transactions should anticipate and plan to navigate merger control authorities who are cooperating across the globe.
The ICA actively cooperates with competition authorities of other jurisdictions (including, in particular, the Commission) and is an active member of both the European Competition Network (ECN) and the International Competition Network (ICN).
The HCC cooperates closely with the European Commission as well with the national competition authorities (NCAs) in other EU member states in the framework of the European Competition Network. Furthermore, the HCC cooperates with other international organizations, such as the Organization for Economic Cooperation and Development (OECD) and the United Nations Conference on Trade and Development (UNCTAD).
Specifically, the HCC seeks guidance from NCAs on matters of merger control and makes use of the post-notification referral procedure provided in Art.9 of the EU Merger Regulation. In this regard, the HCC referred to the European Commission, in 2013, the concentration between Olympic Air and Aegean Airlines, pursuant to Article 22 of the EU Merger Regulation, on the basis that the concentration was likely to exert substantial influence on trade between Member States and to affect competition in the relevant markets in Greece and in another Member State, namely Cyprus.