Konferencja Narodów Zjednoczonych ds. Handlu i Rozwoju (UNCTAD)
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Item Item United Nations Guidelines for Consumer Protection (as expanded in 1999)(United Nations, 2003)Item THE ORGANIZATION OF PETROLEUM EXPORTING COUNTRIES, COMPETITION AND THE WORLD TRADE ORGANIZATION Might a WTO agreement on competition constitute a threat to OPEC?(United Nations, 2004)Does the Organization of Petroleum Exporting Countries (OPEC) have more to lose than to gain from a possible World Trade Organization (WTO) agreement on competition? On the one hand, the absence of such an agreement does not shelter OPEC from lawsuits based on national competition laws; but on the other hand a WTO agreement based on the Doha programme and focussed on the repression of hardcore cartels might encourage suits either at the level of that national legislation or within WTO under the terms of the agreement. Consequently, to avoid legal proceedings at either level, the inclusion of ad hoc provisions in any WTO agreement on this subject will be necessary.Item ROLES OF POSSIBLE DISPUTE MEDIATION MECHANISMS AND ALTERNATIVE ARRANGEMENTS, INCLUDING VOLUNTARY PEER REVIEWS, IN COMPETITION LAW AND POLICY(2004)It appears to be generally accepted that it would not be appropriate to fully apply binding dispute settlement in connection with any possible multilateral framework on competition policy. The present study therefore examines other possible methods of preventing or resolving disputes, including the possible roles, in the context of international cooperation on competition policy, of voluntary peer review; consultations on issues, cases, or relating to the implementation of agreements; and diplomatic methods of dispute settlement such as conciliation, mediation and good offices It finds that (i) peer review is not merely a compliance mechanism, but may also be aimed at policy advice, encouraging policy coordination and cooperation, gathering and dissemination of information and best practice models, and providing technical assistance and aid; (ii) there is a variety of types of consultations provisions, but they are currently little used in the multilateral context to tackle specific issues; and (iii) good offices, mediation or conciliation are currently not used in this area.Item The Southern African Custom Union (SACU) Regional Cooperation Framework on Competition Policy and Unfair Trade Practices. A report prepared for UNCTAD at the request of the SACU Member States(United Nations, 2005) Mathis, JamesThis report provides an in-depth analysis of the legal provisions of the SACU agreement of 2002 dealing with regional cooperation on competition policy and cross-border unfair trade practices: Articles 40 and 41 of the SACU agreement among the five Member States (Botswana, Lesotho, Namibia, South Africa and Swaziland). Article 40 and 41 of the treaty provides basis for national and community action to deal with private anti-competitive and unfair trade practices. However, the SACU treaty does not provide for a common and binding SACU Competition Law. The emphasis of the treaty provisions is on the role of member states and cooperation among the members for effective application of National Competition Laws. The report gives a legal and economic interpretation of the relevant provisions and outlines two options for cooperation on regional competition policy and in dealing with cross-border unfair trade practices, including the institutional and regulatory framework for the application of the competition rules.Item BEST PRACTICES FOR DEFINING RESPECTIVE COMPETENCES AND SETTLING OF CASES, WHICH INVOLVE JOINT ACTION BY COMPETITION AUTHORITIES AND REGULATORY BODIES(United Nations, 2006)Despite potentially playing complementary roles in fostering competitive markets and safeguarding consumer welfare, the different approaches employed and different perspectives held by competition policy and sector regulation can be a source of friction. Moreover, the distinction between economic and technical regulation and competition enforcement can often be blurred. This paper examines the various frameworks under which competition authorities and sector regulators are coexisting in order to glean best practices from various countries' experiences. It concludes that although there is no ideal type of division of labour between competition authorities and other regulatory bodies, it is possible to specify guidelines and principles that can be generally applied to most industries and countries.Item WAYS IN WHICH POSSIBLE INTERNATIONAL AGREEMENTS ON COMPETITION MIGHT APPLY TO DEVELOPING COUNTRIES, INCLUDING THROUGH PREFERENTIAL OR DIFFERENTIAL TREATMENT, WITH A VIEW TO ENABLING THESE COUNTRIES TO INTRODUCE AND ENFORCE COMPETITION LAW AND POLICY CONSISTENT WITH THEIR LEVEL OF ECONOMIC DEVELOPMENT(2006)A review of some existing international instruments and cases relevant to this area highlights issues such as the following: the relative contributions of binding agreements, informal cooperation and national enforcement efforts (supported by technical assistance) in addressing different enforcement difficulties that developing countries face in cases of RBPs with international elements; types of provisions in such international agreements, such as substantive commitments relating to the content or application of national laws, or advanced types of procedural cooperation, that might enhance enforcement in such international cases, as well as technical assistance to implement such provisions; how incentives for more advanced countries to cooperate in this area might be maximized and possible disincentives arising from confidentiality restraints aimed at safeguarding national leniency programmes might be minimized through international collaboration; application of competition laws to restrictive business practices affecting foreign markets (including where there are links between effects upon foreign and domestic markets); preferential or differential treatment for developing countries; means of enhancing cooperation among developing countries; and enhanced coordination among different international bodies. Governments might examine these questions, within the framework set out by the Fifth Review Conference, in working out how possible bilateral, regional, plurilateral or multilateral agreements on competition might apply to developing countries. Such an examination might take into account relevant provisions of the Set of Principles and Rules, the São Paulo Consensus and WTO agreements. This could assist in the continuing elaboration and presentation by UNCTAD of types of common provisions to be found in international, particularly bilateral and regional, cooperation agreements on competition policy and their application and would also enhance consistency and coordination among different forms or levels of international cooperation in this area. The concept of a possible multilateral framework on competition formerly discussed within the WTO is not dealt with here.Item BEST PRACTICES FOR DEFINING RESPECTIVE COMPETENCES AND SETTLING OF CASES, WHICH INVOLVE JOINT ACTION BY COMPETITION AUTHORITIES AND REGULATORY BODIES(United Nations, 2006)Despite potentially playing complementary roles in fostering competitive markets and safeguarding consumer welfare, the different approaches employed and different perspectives held by competition policy and sector regulation can be a source of friction. Moreover, the distinction between economic and technical regulation and competition enforcement can often be blurred. This paper examines the various frameworks under which competition authorities and sector regulators are coexisting in order to glean best practices from various countries' experiences. It concludes that although there is no ideal type of division of labour between competition authorities and other regulatory bodies, it is possible to specify guidelines and principles that can be generally applied to most industries and countries.Item Criteria for Evaluating the Effectiveness of Competition Authorities(2007)This report considers some of the recent initiatives undertaken by authorities in terms of criteria for the evaluation of competition law enforcement and competition advocacy. It is based on the responses to a questionnaire, sent by member States to UNCTAD. This report concurs with earlier studies on this topic suggesting that effectiveness should be viewed in terms of good outcomes and processes leading to those outcomes. For example, evaluating competition policy activities ex post is important for improving the efficiency of intervention, developing a competition culture and providing an impetus for updating and amending laws, guidelines and procedure. Evaluation activities might be purely internal, might be within Government but outside the authority or responsible ministry, or might be conducted by outside academic experts, consultants, international organizations or peers. The focus of these studies might be to examine various measures of the effectiveness of internal agency processes or the outcomes of agency interventions. Surveying changes in stakeholder perceptions can also be an indicator of the progress the authority is making towards the introduction of a competition culture. The evaluation of outcomes can be parsed into studies that examine the impact of sector studies and sector inquiries, reviews of advocacy initiatives and case selection, merger enforcement reviews (including a review of the effectiveness of remedies) and studies of the impacts of particular case interventions. The largest category of ex post evaluation has been in the area of merger enforcement. It is also important to consider the particular developing country priorities for impact evaluation.Item WAYS IN WHICH POSSIBLE INTERNATIONAL AGREEMENTS ON COMPETITION MIGHT APPLY TO DEVELOPING COUNTRIES, INCLUDING THROUGH PREFERENTIAL OR DIFFERENTIAL TREATMENT, WITH A VIEW TO ENABLING THESE COUNTRIES TO INTRODUCE AND ENFORCE COMPETITION LAW AND POLICY CONSISTENT WITH THEIR LEVEL OF ECONOMIC DEVELOPMENT(2007)A review of some existing international instruments and cases relevant to this area highlights issues such as the following: the relative contributions of binding agreements, informal cooperation and national enforcement efforts (supported by technical assistance) in addressing different enforcement difficulties that developing countries face in cases of RBPs with international elements; types of provisions in such international agreements, such as substantive commitments relating to the content or application of national laws, or advanced types of procedural cooperation, that might enhance enforcement in such international cases, as well as technical assistance to implement such provisions; how incentives for more advanced countries to cooperate in this area might be maximized and possible disincentives arising from confidentiality restraints aimed at safeguarding national leniency programmes might be minimized through international collaboration; application of competition laws to restrictive business practices affecting foreign markets (including where there are links between effects upon foreign and domestic markets); preferential or differential treatment for developing countries; means of enhancing cooperation among developing countries; injury caused by export and international cartels; appropriateness of current competition provisions in cooperation agreements and regional trading agreements for the needs and capacities of developing countries; examples of successful cooperation in this area; interrelationships between competition policy and trade, investment, infant industries, industrial policy and regulation; possibilities for cooperation between competition and trade authorities in international merger cases; and enhanced coordination among different international bodies. Governments might examine these questions, within the framework set out by the Fifth Review Conference, in working out how possible bilateral, regional, plurilateral or multilateral agreements on competition might apply to developing countries. Such an examination might take into account relevant provisions of the Set of Principles and Rules, the São Paulo Consensus and WTO agreements. This could assist in the continuing elaboration and presentation by UNCTAD of types of common provisions to be found in international, particularly bilateral and regional, cooperation agreements on competition policy and their application and would also enhance consistency and coordination among different forms or levels of international cooperation in this area. The concept of a possible multilateral framework on competition formerly discussed within the WTO is not dealt with here.Item UNCTAD GUIDEBOOK ON COMPETITION SYSTEMS(United Nations, 2007)
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