Judicial Enforcement of Competition Law

The judiciary has a central role in the implementation of competition policy. Competition laws are written broadly, and judicial precedent is important in interpreting these statutes, even in non-common law countries. Legal systems vary significantly between Member countries, so specific conclusions about the role of the judiciary in competition enforcement are difficult to articulate. The seminar promoted better understanding of the competition laws of Member countries and of the means for implementing them, thus ultimately promoting international convergence of competition policy. Judges, experts and competition authorities discussed the responsibility of the judiciary in the implementation of competition policy, the role of economics and economists, and accommodation of multiple criteria, standards of proof and judicial review in competition cases. This document comprises proceedings in the original languages of a Seminar on Judicial Enforcement of Competition Law which was held by the Committee on Competition Law and Policy in October 1996. It is published as a general distribution document under the responsibility of the Secretary-General of the OECD to bring information on this topic to the attention of a wider audience.