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Case prioritisation and prosecutorial discretion by competition authorities

Oecd

No 333, OECD Roundtables on Competition Policy Papers from OECD Publishing

Abstract: Given the limited resources available to competition authorities, decisions around case prioritisation and prosecutorial discretion play a fundamental role in shaping the effectiveness of competition policy. This paper, supported by original survey evidence, highlights how such decisions influence the actions that competition authorities take and reflect their strategy and overall priorities. Effective case prioritisation requires striking a balance between discretion, transparency and cost-benefit based decision making. Authorities should consider developing procedures and public guidance to provide clarity and transparency to these decisions, and develop healthy case pipelines to make the exercise meaningful.

Keywords: case prioritisation; competition authority effectiveness; competition enforcement; competition policy; international cooperation; market studies; prosecutorial discretion (search for similar items in EconPapers)
JEL-codes: K21 L4 L40 L41 L42 L49 (search for similar items in EconPapers)
Date: 2026-06-01
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