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OECD Roundtables on Competition Policy Papers

The series OECD Roundtables on Competition Policy Papers includes the best of the OECD Competition Committee work providing insight into the thinking of leading competition authorities of OECD and non-OECD member countries. This is a unique source for competition experts in business, law, economics, consulting and academia. The series includes working papers and background notes on a variety of topics as well as proceedings of competition best practices roundtables.

English

Monopolisation, moat building and entrenchment strategies

Competition authorities have already acquired significant knowledge about the concept of market power and dominance as well as practical experience when assessing anticompetitive practices. However, the introduction of potential new concepts, such as economic moats and entrenchment, may complicate this analysis and further blur the lines between lawful and unlawful practices. This paper discusses the relation between economic moats and entrenchment with market power and calls for further reflections among competition authorities and practitioners on the challenges these concepts may pose. It explores several possible options, including incentivising the use of investigative and analytical techniques, as well as strengthening regulatory tools.

English

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