Konferencja Narodów Zjednoczonych ds. Handlu i Rozwoju (UNCTAD)
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Item United Nations Guidelines for Consumer Protection (as expanded in 1999)(United Nations, 2003)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 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 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 The relationship between competition and industrial policies in promoting economic development(2009)This study examines the relationship between competition and industrial policies in promoting economic development. It introduces competition and industrial policy concepts, practices and their implementation, and evolving roles. It explores the fundamentals of competition law enforcement and industrial policy dynamics. This includes handling of anti-competitive practices, exclusions/exemptions, the role of competition advocacy and the type of industrial policy tools applied. An analysis of the link between competition and industrial policies, synergies and tensions is presented. This study looks at the implications of the current economic crisis on competition and industrial policies, and raises issues for policy considerations and the way forward.Item The importance of coherence between competition policies and government policies(2011)This background paper examines the interface between competition policies and other government policies. Coordination between various government policies is an important element to the realization of policy goals set by various governments in pursuit of improving the overall welfare of their people. When government policies are not harmonized, in terms of coverage and implementation coordination, the likelihood of achieving the desired results is hampered and the policies may be ineffective. This paper attempts to define what policy coherence is and is not, and explores the need for coordination between competition policy and other government policies. It points out the potential benefits of coherence, as well as strategies for achieving coherence. Finally, it identifies policy issues and areas for further research.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 Review of the experience gained so far in enforcement cooperation, including at the regional level(2011)Accelerating globalization over the last few decades has expanded the geographical scope of competition. The activities of large firms can impact multiple markets in foreign jurisdictions, expanding the reach for anticompetitive conduct to have cross-border effects. A purely domestic focus on antitrust policy is therefore no longer sufficient. The international community has tried and tested various approaches to effectively cooperate and to tackle antitrust issues with a global dimension. Of late, significant progress has been made, particularly among developed nations in relation to case-specific cooperation in international cartel investigations and cross-border merger reviews. This paper examines the experiences gained so far in competition law enforcement cooperation, highlighting approaches taken to deepen cooperation in enforcement practice and share information and best practices in order to effectively investigate market activities involving transnational elements.Item Review of capacity-building and technical assistance in competition law and policy(2014)This annual report reviews the capacity-building and technical cooperation activities of the UNCTAD secretariat as well as those of other development partners during the period 2012–2013. The report contains information provided by member States on technical cooperation activities provided or received, bilaterally or regionally, in the area of competition law and consumer policies.Item Public monopolies, concessions, and competition law and policies(2009)Infrastructure concessions have been promoted as a means of changing inefficient market structures, improving efficiency and relieving the public budget. Concessions were expected to contribute to economic development and consumer welfare. However, developing countries and economies in transition have had mixed experiences with concessions. Against this background, the present paper analyses concessions from a competition policy perspective. It examines the extent to which this type of contract has the potential to contribute to economic development and what steps need to be taken in order to make this happen. Members’ responses to the questionnaire from the UNCTAD secretariat served as a basis for the paper. The paper begins by setting out the function and rationale for concessions. Next, different options for the regulatory framework are described. Some effects of concessions on economic development are presented. Ways to stimulate competition are addressed, including in a concession’s design, award and performance. The role of the competition authority is reviewed. The paper concludes by asking how country experiences can improve concessions.Item Prioritization and resource allocation as a tool for agency effectiveness(2013)Competition agency performance and effectiveness require priorities to be set and efficient allocation of the agency’s scarce resources in order for the agency to meet its mandate and maximize the impact of its actions. The main objective of this report is to review how priority setting and resource allocation can be used as tools to enhance agency performance and effectiveness.Item Modalities and procedures for international cooperation in competition cases involving more than one country(2013)Competition authorities are increasingly being faced with the need to enforce competition policy domestically and to deal with cross-border anticompetitive practices. This study identifies the types of cooperating models and the extent to which cooperation arrangements enhance the capabilities of competition agencies to effectively enforce competition law. The study reviews the challenges in enforcing competition law at the regional and international levels and discusses how different countries have approached cooperation in the area of competition policy and its implication for improved bilateral, regional and international cooperation. The study draws attention to the challenges that young competition agencies face, which makes it difficult for them to cooperate in handling cases and at the same time acknowledges the efforts being made towards better cooperation. The study identifies the gap which exists in the substantive contents of different laws, differences in legal regimes and enforcement capabilities as well as the need to promote better understanding and trust as necessary measures to enhance cooperation. The report concludes with recommended practices for effective cooperation based on the experience gained so far in this area.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 Knowledge and human-resource management for effective enforcement of competition law(2012)Knowledge and human-resource management are important aspects of an efficient competition agency; they enable the acquisition and use of resources to create an environment in which knowledge and resources are efficiently and effectively utilized. The competition agency acquires, shares, and uses that knowledge to build human and institutional capacity to implement the competition law effectively. Knowledge management safeguards institutional memory and continuity.
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