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
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Date
2007
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en
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Abstract
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.