About the Speakers
Ori Schwartz, Head of the OECD Competition Division, previously served as Chief Legal Counsel at the Israeli Competition Authority and has extensive experience in international antitrust policy.
Antonio Capobianco, Deputy Head of the OECD Competition Division, has been with the OECD since 2007 and has deep expertise from his previous roles in antitrust enforcement and private legal practice.
The OECD Competition Committee: A Forum for Global Cooperation
Ori Schwartz explained that the OECD is an international organization comprising 38 member countries, including the U.S. Its Competition Committee meets twice a year in Paris, providing a platform for senior officials and policymakers to discuss and align on antitrust policy issues. The OECD Secretariat—comprised of approximately 35-40 lawyers, economists, and experts—prepares rigorous background research, coordinates meetings, and supports bilateral cooperation to implement best practices globally.
Antonio Capobianco highlighted the Secretariat’s role in providing practical tools and guidance for policymakers and competition authorities across the world.
Engagement with Competition Authorities: Recent Trends
The OECD engages with high-level government representatives and senior competition officials. Ori Schwartz cited consistent involvement from key agencies, such as the U.S. DOJ’s Assistant Attorney General and the FTC, highlighting the OECD’s crucial role as a venue for high-level policy dialogue rather than case-specific enforcement discussions, which are typically addressed by the International Competition Network (ICN).
Antonio Capobianco described how the Committee’s thematic focus has evolved in response to emerging global issues. Recent priority areas include digital markets, artificial intelligence, cloud computing, industrial policy, employment, sustainability, innovation, competitive neutrality, and the implications of government subsidies. These topics reflect the changing global economic landscape and the increasing complexity of modern antitrust policy challenges.
OECD’s Role as a Global Standard Setter: Recommendations and Guidelines
The OECD sets global policy standards through formal recommendations adopted by member governments. Ori Schwartz emphasized that there is a high-level governmental commitment around these recommendations, which address issues like cartels, bid-rigging, international cooperation in antitrust enforcement, and merger control. These recommendations encourage policy convergence and provide a common framework for global competition policy.
Antonio Capobianco detailed the OECD’s practical guidelines and toolkits, offering competition authorities pragmatic and actionable resources, including market study methodologies, competitive neutrality assessments, and techniques for measuring competition authorities’ impacts. These tools guide authorities in identifying regulatory barriers and implementing effective competition-friendly reforms.
OECD’s Comprehensive Resource Library
Antonio Capobianco presented the OECD’s extensive digital library, encompassing over 350 background papers and studies on virtually every relevant competition policy topic. Recent work addresses mergers and efficiencies, AI infrastructure, mobile payment systems, corporate influence on competition policymaking, healthcare markets, and antitrust remedy design. These resources offer balanced analyses and global perspectives, enabling practitioners and policymakers to navigate complex competition policy issues more effectively.
Digital Markets and AI: Key OECD Insights
Digitalization and AI have become focal points for the OECD. Antonio Capobianco explained the Committee’s work in unpacking challenging policy questions involving zero-price markets, data usage, quality competition, killer acquisitions, and emerging digital ecosystems. This work helps authorities understand regulatory gaps and the implications of digital market dynamics on traditional competition analyses.
Ori Schwartz shared OECD’s recent collaboration with the G7, which analyzed ex ante regulation approaches, such as the EU’s Digital Markets Act (DMA) and the UK’s Digital Markets, Competition and Consumers Bill (DMCC). An important finding highlighted limited global spillover effects from national antitrust remedies in digital markets, prompting consideration of enhanced international cooperation and coordination among competition authorities.
Recent Roundtable Discussions
Monopolization, Moat-Building, and Entrenchment Strategies
Antonio Capobianco addressed discussions initiated by the U.S. delegation on defensive strategies used by dominant firms in digital markets. He outlined the dual nature of these strategies: while potentially beneficial to consumers, they often create barriers to entry and diminish competitive dynamism. These debates underscore the nuanced policy challenges competition authorities face when evaluating complex market behaviors.
Out-of-Market Efficiencies and Sustainability
Ori Schwartz highlighted ongoing OECD debates around integrating broader societal goals, such as environmental sustainability and climate change, into competition assessments. Historically conservative in considering such efficiencies, recent discussions show increasing openness, especially in Europe, to account for societal benefits beyond traditional market effects. These debates could significantly influence the evolution of competition enforcement frameworks.
Conclusion and Key Takeaways
Ori Schwartz and Antonio Capobianco concluded by encouraging practitioners, policymakers, and academics to utilize OECD’s extensive and freely available resources. They emphasized that understanding the broader context provided by OECD research can strengthen advocacy efforts, inform policy debates, and help competition authorities better address the complexities of modern market dynamics.
Access OECD Resources
All OECD Competition Committee publications, recommendations, guidelines, and background studies are publicly accessible online, providing valuable insights into global competition policy issues.
