Organizacja ds. Współpracy Gospodarczej i Rozwoju (OECD)
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Item AGENCY INDEPENDENCE(2016) Gal, Michal S.Item COMPETITION AGENCIES: WHAT IF THEY ARE NOT INDEPENDENT? AND ARE THERE ANY DISADVANTAGES TO BEING INDEPENDENT?(2016) Fels, Allan; Jennings, HilaryItem INDEPENDENCE OF COMPETITION AUTHORITIES - FROM DESIGNS TO PRACTICES(2016)Agency independence from political power is a key element of an effective competition regime. Competition authorities differ from each other and they operate in jurisdictions which often have significant legal, political and cultural differences. Thus, there is no one size-fit-for-all model for independence. However, there are some safeguards which can help agencies establish an arm’s length relationship with their government. This paper discusses these safeguards and focusses on issues concerning appointment and dismissal of top management, the status of the agency, resources, priority-setting and supervision, and objectives of competition law. Although these legal and structural provisions do not automatically lead to a de facto independent agency, they are nevertheless important determinants for independence.Item INDEPENDENCE OF COMPETITION AUTHORITIES - FROM DESIGNS TO PRACTICES(2016)Agency independence from political power is a key element of an effective competition regime. Competition authorities differ from each other and they operate in jurisdictions which often have significant legal, political and cultural differences. Thus, there is no one size-fit-for-all model for independence. However, there are some safeguards which can help agencies establish an arm’s length relationship with their government. This paper discusses these safeguards and focusses on issues concerning appointment and dismissal of top management, the status of the agency, resources, priority-setting and supervision, and objectives of competition law. Although these legal and structural provisions do not automatically lead to a de facto independent agency, they are nevertheless important determinants for independence.Item INDEPENDENCE OF COMPETITION AUTHORITIES - FROM DESIGNS TO PRACTICES. Summaries of contributions(2016)This document contains summaries of the various written contributions received for the discussion on "Independence of competition authorities - from designs to practices" held during the 15th meeting of the Global Forum on Competition in Paris, France (1-2 December 2016, Session III). When the authors did not submit their own summary, the OECD Competition Division Secretariat summarised the contribution. Summaries by the OECD Secretariat are indicated by an *.