This presentation by Roel NIEUWENKAMP, Chair of the OECD Working Party on Responsible Business Conduct was made during the discussion on "Promoting competition, protecting human rights" held at the 15th Global Forum on Competition on 1 December 2016. More papers and presentations on the topic can be found out at www.oecd.org/competition/globalforum/promoting-competition-protecting-human-rights.htm

1. COMPETITION
&
HUMAN RIGHTS
PERSPECTIVE FROM UN GUIDING PRINCIPLES /
OECD GUIDELINES FOR RESPONSIBLE BUSINESS
DECEMBER 1ST 2016
Prof. Dr. Roel Nieuwenkamp
CHAIR of the OECD WORKING PARTY ON RESPONSIBLE BUSINESS
CONDUCT

2. OECD Guidelines for Multinational Enterprises
• Comprehensive, multilateral agreement on Business &
Human Rights
• Binding legal obligation to set up National Contact Point
• Globally active Business & Human Rights complaints
mechanism
• Recommendations to Multinational Enterprises
• ‘Firm expectation’ of company behaviour: ethically
compelling

3. Areas covered by the Guidelines
 Disclosure
 Human Rights (Based on UN Guiding Principles)
 Employment and Industrial Relations
 Environment
 Bribery, bribe solicitations, extortion
 Consumer interests
 Science and technology
 Competition
 Taxation
- Approx. 50% cases concern Human Rights (2011-2015)

4. • 360+ specific instances, about businesses in >100
countries/territories
• Approx 50% accepted cases → agreement between
parties*
• 36% of concluded cases → policy changes company*
• Impacts such as
- Ending child labour in supply chain
- Health & safety improved in supply chain
- No oil exploration in World Heritage Site
- Improved dialogue with trade unions
- Better Human Rights Due Diligence in supply chain, etc.
Impacts NCP System – 15 years
* Between 2011-2016 4

5. Due Diligence and Supply Chain Responsibility

6. P
Due Diligence and Supply Chain Responsibility

7.  Leverage
 Collaboration
Due Diligence and Supply Chain Responsibility

8.  Collaboration = OK in Pre Competitive Space
 Issue = solved many times
 Steps:
1. Seek advice from competition enforcers
2. Transparancy
3. Compliance Programs
Competition & Collaboration on Human Rights

9.  Fair Factories Clearinghouse
 Initiative Sustainable Trade
 Bonsucro
 Sustainable Apparel Coalition
 OECD Responsible Minerals Forum
 Better Coal Initiative
 Fair Wear Foundation
Competition & Collaboration on Human Rights

10.  Prices, discounts, cost info
 Allocating geographic / product markets
 Boycotts/ exclusion
 Bidding/ refraining from bidding
 Commercial details indiv customers/ suppliers
 Competitive info
 Impact on Consumer Price
Competition & Collaboration on Human Rights

11. Further information
http://mneguidelines.oecd.org
Contact: Prof dr Roel Nieuwenkamp, Chair of the Working Party on
Responsible Business Conduct – roel.nieuwenkamp@minbuza.nl
@Nieuwenkamp_CSR
#OECDrbc
Friends of OECD Guidelines
Blog: https://friendsoftheoecdguidelines.wordpress.com/