Antitrust Globalization

1
Antitrust Globalization

• Challenges and Opportunities an Industry
  Perspective
• Carel Maske
• 29 November 2006

2
Overview

• The global regulatory environment
• Challenges for the industry
• Where is room for improvement?
• How to operate in the existing environment?

3
Regulatory Environment

• Despite industry globalization primarily national
  legal and regulatory framework
• Differences in procedures
• Parallel proceedings
• Differences in substance (including legal rules,
  application of the rules, remedies)
• Exceptions
• EU competition rules (if there is an effect on
  trade between Member States)
• International cooperation (bi-lateral agreements,
  OECD, ECN, ICN) and harmonization

4
Challenges for the Industry

• Different legal standards undermine global
  business strategies and increase compliance costs
• Multiple proceedings increase legal costs
• Differences in (and even conflicting) outcomes
  reduce predictability and further increase costs
• Challenges compounded by extraterritorial
  application

5
Where is room for improvement?

• Consensus and clarity on common principles
• Economics-based approach as opposed to form-based
  legalistic approach (no longer controversial in
  concept but in implementation)
• Focus on effects, efficiencies and consumer
  welfare
• Protection of consumers not competitors
• Openness on prior beliefs
• Coordination and efficiency of enforcement
• Coordination not only for mergers and cartels
• Efficiency through balancing benefits, costs and
  their probabilities

6
How to operate in the existing environment?

• Lessons learned from the international debate
  about the Windows desktop operating system
• Voluntary principles to promote innovation while
  creating and preserving robust opportunities for
  competition (the Windows Principles)
• Choice for computer manufacturers and customers
• Opportunity for developers
• Interoperability for users

7
Thank you