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200Policy Brief - OECD

OECD 2006 ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT policy BriefJUNE 2006 What is Competition on the Merits?IntroductionThere is broad agreement among competition agencies from OECD countries that the purpose of competition policy is to protect competition, not competitors. In pursuing that objective, many agencies and courts have repeatedly used the phrase competition on the merits to explain and justify their views on how to distinguish conduct that harms competition from conduct that advances it. Yet that phrase has never been satisfactorily defined.

2 © OECD 2006 Policy Brief WHAT IS COMPETITION ON THE MERITS? While it is widely agreed that the purpose of competition policy is to protect

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