2025 OECD Competition Day explores how to future-proof competition policy

On 26 February 2025,  over 1000 policymakers, experts, and industry leaders gathered in Paris and online as the OECD hosted the 7th Competition Open Day, a key event shaping the future of competition policy.

Healthy competition is a critical driver of innovation, productivity, and economic growth. Yet, increasingly complexities in the geopolitical landscape and global trade patterns are creating challenges in maintaining fair, open and dynamic markets.  Competitive intensity in markets has been declining across the OECD. Between 2005-2018, the rate of market entry by new firms dropped by 1.3% in 16 OECD countries, with the decline being more pronounced in digital industries. Addressing these challenges requires a comprehensive approach, including strong competition enforcement that protect innovation,  account for emerging issues such as generative AI and fast-paced digital markets, and addresses cross-border issues through strengthened international co-operation.

Consumer behaviour plays a crucial role in shaping market outcomes. Cognitive limitations, information asymmetries, and behavioural biases play a significant role in shaping consumer decision-making, challenging traditional assumptions of purely rational, self-interested choices. Decision fatigue, for example, can weaken competition by making consumers more susceptible to defaults and pricing strategies. Effective competition policies and enforcement must account for these factors to ensure markets remain fair and competitive, integrating insights from behavioural economics to design more responsive and realistic regulatory approaches.

The opening session of the OECD Competition Open Day highlighted the importance of competition for innovation, while also considering the burden of decision fatigue on consumers.

▶️ Watch the full opening session on replay

▶️  Watch the keynote speech

🔗 Access the event website

^{Featuring: Mathias Cormann (OECD Secretary-General), Carmine Di Noia (Director, OECD Directorate for Financial and Enterprise Affairs) and Kathleen Vohs (Distinguished McKnight University Professor, Carlson School of Management at the University of Minnesota) as Keynote Speaker and Misha Kaur (OECD Competition Division) .}

Competition authorities are facing increasing pressure from other policy areas, both internally when required to balance competition with other public interests, and externally, when conveying the message on benefits of competition to policymakers. The discussion emphasized the need for competition agencies to remain committed to core principles of competition policy, and not shy away from voicing their views even in a multifaceted policy environment. A key takeaway was that competition policy should be at the centre of industrial policy and innovation, with competition law responsive to targeted sectors and focused on rapidly removing barriers and promoting pro-competitive reforms.

▶️ Watch the replay of Session 1

^{Featuring:  Matthew Boswell (Commissioner, Competition Bureau, Canada), Doris Tshepe (Commissioner, Competition Commission, South Africa), Andreas Mundt (President, German Bundeskartellamt and ICN Steering Group Chair) and Ori Schwartz (Head of the OECD Competition Division) as moderator.}

Evidentiary standards in competition law must balance effective enforcement with due process, yet evolving market dynamics are making this increasingly complex. In fast-changing sectors, such as digital markets, proving anti-competitive conduct often requires sophisticated economic analysis, indirect evidence, or forward-looking assessments. This has raised concerns that competition authorities face excessively high burdens of proof, making it difficult to intervene. Judicial expectations have also evolved, with courts often requiring extensive economic modelling and documentary evidence, potentially raising the standard beyond what was originally intended.

To address these issues, greater clarity and flexibility in evidentiary standards are needed. Adjusting proof requirements based on the complexity of markets and behaviours can help authorities act more effectively while maintaining fairness. Carefully crafted presumptions, particularly in digital and cartel cases, can streamline enforcement while allowing for rebuttal to protect due process. Legal frameworks must evolve alongside markets, ensuring that competition law remains a robust tool for safeguarding fair and open markets.

▶️ Watch the replay of Session 2

📗 Read the OECD note

🔗 Access more related materials

^{Featuring: Daniel Haar (Chief, Appelate Section US DOJ), Marc van der Woude (President, General Court of the EU), Soo-jin Kang (Professor of Law, Korea University) and Antonio Capobianco (Deputy Head, OECD Competition Division) as moderator.}

Generative AI is reshaping markets, but competition may remain constrained by the dominance of a few major players controlling cloud infrastructure, computing power, and foundational AI models. While startups contribute to innovation, their reliance on a concentrated ecosystem limits market dynamism. The interconnected nature of AI development, cloud services, and data access creates barriers that can entrench existing market leaders and reduce competitive pressure. Without intervention, increasing returns to scale may further strengthen a small number of firms, limiting broader participation in the AI economy.

To address these challenges, we need to ensure fair access to critical AI resources and prevent market concentration. Aligning regulatory approaches can help reduce fragmentation and create a more competitive environment for AI development. A deeper understanding of AI business models, market dynamics, and strategic partnerships is essential for shaping effective policy responses. Collaboration across competition authorities, policymakers, and industry stakeholders is key to fostering innovation while ensuring open and competitive markets.

▶️ Watch the replay of Session 3

📗 Read the OECD note

🔗Access more related materials

^{Featuring: Karen Croxson (Chief Data, Technology and Insight Officer, UK CMA), Cecilia Rikap (Head of Research and Associate Professor in Economics, UCL Institute for Innovation and Public Purpose), Thibault Schrepel (Associate Professor of Law, Vrije Universiteit Amsterdam) and Richard May (Competition Expert, OECD), as moderator.}

Cross-border mergers are shaped by different legal standards and procedures, as well as varying approaches to remedies, often influenced by priorities and objectives driving merger control. While competition authorities assess the same transaction, their decisions are shaped by distinct market realities and dynamics. In digital markets, understanding business models is essential, as mergers can drive innovation, enhance productivity, and provide growth opportunities for start-ups. Regulators must continuously adapt to keep pace with evolving technologies and market dynamics.

Early collaboration between competition authorities is critical to reducing divergences and ensuring a consistent approach. International organisations like the OECD and ICN play a key role in harmonization, helping bridge regulatory gaps and streamline enforcement. Strengthening global cooperation, aligning review processes when possible, and fostering dialogue between regulators and businesses will ensure effective oversight while supporting market-driven growth.

▶️  Watch the replay of Session 4

📗  Read the OECD note

🔗 Access more materials

^{Featuring: Rima J. Alaily (Corporate Vice President and Deputy General Counsel, Microsoft), Felipe Cerda Becker (Deputy National Economic Prosecutor, FNE Chile), Annemiek Wilpshaar (Head of the Unit, Mergers, DG COMP) and Aura García Pabón (Competition Expert, OECD) as moderator.}

For more information on the event and its previous editions, please visit the OECD Competition Open Day website.

See also the Picture album