The ICN’s 2015 Guidance Work Explained

Sep 30, 2015

CPI ICN Column edited by Maria Coppola (U.S. Federal Trade Commission)

The ICN’s 2015 Guidance Work Explained – By Paul O’Brien¹ (U.S. Federal Trade Commission)

Introduction

In April 2015 the International Competition Network (ICN) held its fourteenth annual conference. With the over 500 attendees from more than 70 jurisdictions, expert panels covering the range of competition law and policy issues, and nearly 40 discussion-based breakout sessions, a familiar storyline emerged: the ICN continues to produce work of consequence.² Two documents stand out for their guidance-style format aimed at promoting convergence of competition agency investigative practices. The new ICN Guidance on Investigative Process and Practical Guide to International Enforcement Cooperation in Mergers join an established line of ICN agency guidance and recommendations that embody international best practices and inspire members to examine, benchmark, and update their own practices.

ICN Guidance on Investigative Process (2015)³

The Guidance is the result of one of the most ambitious competition agency-led efforts to articulate guidance on investigative practices that promote procedural fairness and effective enforcement. The ICN’s recent project on Investigative Process recognized that how agencies run their investigations impacts their effectiveness and credibility: good investigative process leads to good enforcement outcomes. It explored how different investigative practices