OECD Competition Week

scalesA strong delegation from the Business and Industry Advisory Committee (BIAC) to the OECD will participate in the upcoming OECD Competition week, which will take place from June 13 to 17. Over the years, BIAC has become a trusted actor and knowledge partner in the activities of the OECD Competition committee and of its two Working Parties (Competition & Regulation and Cooperation & Enforcement). The BIAC Competition Committee is currently preparing written contributions on a number of topics, ranging from public interest considerations and jurisdictional nexus in merger control to commitment decisions in antitrust cases, as well as on the challenges of fidelity rebates. After very stimulating discussions on disruptive innovation in the financial sector during the last OECD Competition week, the focus will now be on legal services and on the way new technologies can have a disruptive effect on markets in this sector.

In parallel to this very rich program, the Working Party on Cooperation and Enforcement will hold a joint session with the OECD Working Group on Bribery. The focus will be on detecting antitrust and bribery cases (whistle-blower protection, leniency) as well as on the legal and practical challenges to the exchange of information between (domestic and foreign) competition and anti-corruption enforcers.

Will Trade Overtake Antitrust as the Protector of Due Process?

washington-Lincoln-MemorialsThe next meeting of the USCIB Competition Committee will be held in advance of the ABA Antitrust Spring Meeting. In addition to Committee business, the meeting will include an expert panel discussion on the role of trade in antitrust due process issues.


Randolph W. Tritell
Director, Office of International Affairs
Federal Trade Commission

Daniel Watson
Deputy Assistant U.S. Trade Representative for North America
Office of the United States Trade Representative


Monday, April 4, 2016
2:00 p.m. to 3:30 p.m. EDT


Baker Botts LLP
1299 Pennsylvania Avenue, N.W.
Washington, D.C. 20004


Eva Hampl

Dial-in information provided upon request.

BIAC Presents Business View to OECD Competition Authorities

Competition experts from the Business and Industry Advisory Committee to the Organization for Economic Cooperation and Development (OECD) presented business views to the OECD and a number of non-OECD Member governments at the June session of the OECD Competition Committee and its working parties.

Addressing the revision of the 1995 OECD Recommendation of the Council Concerning Co-operation between Member Countries on Competition Investigations and Proceedings, BIAC emphasized continued concerns regarding the protection of confidential information in exchanges related to cross-border merger investigations.

BIAC also addressed Competition in Generic Pharmaceuticals, Airline Competition, competition and Public Private Partnerships (PPP), and competition aspects of the rollout of broadband networks. The OECD Competition Committee will next meet in December 2014. USCIB is BIAC’s American affiliate.

Staff contact: Justine Badimon

More on USCIB’s Competition Committee

Silicon Valley General Counsels Learn About Emerging Global Legal Challenges

USCIB’s Charlene Flick
USCIB’s Charlene Flick

On October 21, Charlene Flick, director of intellectual property and competition at USCIB, addressed the Silicon Valley Association of General Counsel in Santa Clara, California.  Ms. Flick discussed emerging legal challenges for U.S. companies as they expand internationally, and specifically how USCIB helps American industry navigate an increasingly complex global marketplace.

USCIB recently updated its Legal Issues Overview, which presents a number of key international policy issues with strong legal components as a reference for corporate counsel and other legal professionals.

“The objective of USCIB’s work,” Ms. Flick noted, “is to foster fair and predictable legal and regulatory regimes across borders to enhance seamless transactions across borders.”  Ms. Flick discussed how USCIB capitalizes on its extensive industry network to influence policy at both national and international institutions.  She then offered a selection of legal challenges that she confronts regularly in her work at USCIB, ranging from questions of jurisdiction and extraterritoriality to the adequacy of a country’s intellectual property regime and whether or not the U.S. notion of due process is respected in foreign jurisdictions in the course of a foreign enforcement action.

“Of particular interest to the general counsels was the realization that legal privilege as U.S. lawyers understand it – that communications between corporate executives and in-house lawyers are privileged and not discoverable — does not apply in all foreign jurisdictions,” Ms. Flick observed.  “The European Union, for example, does not accept this notion of legal privilege, and it is important for American companies to understand that communications internally across borders may be subject to different legal norms in the course of a foreign investigation, and how best to deal with this reality.”

Ms. Flick emphasized that advocacy should not be limited to the legislative bodies, but that influencing policy objectives should be approached on the executive and judicial fronts, as well.  She noted that as the markets globalize, policymakers will be forced to harmonize their own regulatory landscape with that of other countries to benefit their own economies.  “U.S. industry is global industry,” Ms. Flick concluded, “and it should insist upon being at the table where regulations and policies are conceived that will dictate global business.”   This, of course, is where USCIB really provides value to its members.

Staff contact: Helen Medina

USCIB Legal Issues Overview

More on USCIB’s Intellectual Property Committee

More on USCIB’s Competition Committee