The Next Frontier of International Cooperation in Competition Enforcement

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International cooperation among competition agencies has made significant progress over the years. Nevertheless, the drivers of cooperation have only increased: international trade continues to grow, international competition institutions continue to encourage dialogue between the ever-increasing number of competition agencies, and enforcement is more complex as a result of digitalised economies. Consequently, we, as members of the international competition community, should explore new avenues of cooperation. This paper canvasses and assesses potential ideas for furthering cooperation. Part II discusses joint investigative teams with a focus on the EU framework. Part III examines the potential for a multilateral cooperation instrument based on the International Organization of Securities Commission’s Multilateral Memorandum of Understanding Concerning Consultation and Cooperation and the Exchange of Information. Part IV considers a common marker system inspired by the international patent filing system. Part V discusses enhanced extraterritorial application of competition laws based on the unique and innovative Australia–New Zealand model. Part VI argues that agencies should make greater use of comity when dealing with multi-jurisdictional competition cases. Lastly, Part VII provides concluding remarks.