understanding business

Consultation

Consultations take place in a number of ways. They can be conducted in person or online. Many competition authorities consult regularly with the business community on proposed approaches and guidelines. Consulting helps to establish credibility and promote buy-in, since it shows the competition authority is making an effort to understand the environment in which it operates. Seeking feedback on activities and services is also a good tool for evaluating performance and areas in need of improvement.

European Union

The European Commission’s Directorate-General for Competition consults on individual competition cases in the fields of antitrust, merger and state aid, as well as on new policy or legislative initiatives. Consultations are usually announced publicly in its Official Journal or its Web site called Your Voice in Europe.

Japan

The Fair Trade Commission of Japan (JFTC) hosts a number of consultative meetings annually to ensure they are informed of business concerns and economic situations across Japan:

  • Forum on competition law and policy - JFTC executives meet face-to-face with representatives from business and academic societies to exchange practical and theoretical comments in order to develop a mutual understanding of competition law and policy and the JFTC’s activities. The aim of this forum is to ensure the JFTC has the knowledge to implement competition policy in an effective and proper way in quick response to economic change in Japan. This forum is usually held three or four times a year.
  • Regional forum - JFTC staff meet with representatives of local businesses, academics and consumers in various regions to understand the wide range of opinions and needs in the regions and to foster a better understanding of competition law and policy and the activities of the JFTC. Regional forums occur annually in about eight different cities. In addition, a smaller Forum is held by a Director of a Regional Office of the JFTC and its staff in every region of Japan. It is usually held annually in 50 places.

Netherlands

The Netherlands Competition Authority (NMa) annually publishes the NMa Agenda, which sets out the main areas of attention and its enforcement strategy for the coming year. Before adopting the Agenda, the NMa issues a preliminary Agenda for consultation and seeks comments from stakeholders. The purpose is to enhance the quality and transparency of the NMa’s policy choices. By providing clear direction on priority areas, the NMa establishes an understanding with the business community of the types of activities for which it will engage. At the end of the year, NMa reports on its activities, briefly in its Annual Bulletin, and later in more detail in its Annual Report.

United States

The United States Department of Justice Antitrust Division and the Federal Trade Commission co-hosted a three-day workshop on merger enforcement to gain input from the public on topics that arise in horizontal merger investigations. The agencies were seeking analysis and insight based on economic theory, empirical analysis, business perspectives, and especially experience from actual mergers or merger investigations.