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About Us
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Contribute
to a more efficient, but also a more equitable world economy through
a competition-rules-based globalization process at national,
regional and multilateral levels;
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Boost
competitiveness, and hence accelerate the development of developing
countries, in particular LDCs, and economies in transition by
promoting a competition culture; and
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Defend
consumer interests by ensuring that applying competition rules
results in better quality and choice, and lower prices of goods and
services.
UNCTAD's role
in the field of competition law and policy dates back to the early seventies,
when developing countries in particular, called for work on restrictive
business practices (RPBs). This was followed, in 1979-1980, by negotiations on
a multilateral code of conduct on RPBs, and the adoption in 1980 by the UN
General Assembly (resolution 35/63 of 5 December 1980) of the Set of
Multilaterally Agreed Equitable Principles and Rules for the Control of
Restrictive Business Practices, in the form of a recommendation to States.
To date, the UN
RBP Set is still the only fully multilateral instrument on competition law and
policy. Its implementation is being monitored and reviewed by the following
institutional bodies:
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The
Intergovernmental Group of Experts on Competition Law and Policy (formerly
IGE on RBPs, established in 1981), which provides an annual forum for
multilateral consultations, discussions and exchange of views between
States on matters related to the Set and undertakes and disseminates
periodically studies and research on competition policy issues.
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The UN
Review Conferences, which meet at five-year intervals. The Fourth UN
Review Conference took place from 25 to 29 September 2000 and adopted a
comprehensive resolution reaffirming the validity of the Set, calling for
its implementation by States and setting the main lines of UNCTAD's work
in this field for the years ahead. The resolution also calls upon UNCTAD
to establish a new Group of Experts on Consumer Policy.
Earlier the
same year, UNCTAD X, held in Bangkok in February 2000, included in its Plan of
Action a wide range of UNCTAD activities in the area of competition. In
particular, in respect of
technical cooperation, it decided that "UNCTAD should continue and expand
its help to interested countries in developing their national regulatory and
institutional framework in the area of competition law and policy"; and
"continue to examine competition issues of particular relevance to
development".
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The UN Set
of Principles and Rules on Competition |
The main
objectives of the Set are:
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To ensure
that RBPs do not "impede or negate the realization of the benefits
that should arise from the liberalization of tariff and non-tariff
barriers affecting world trade, particularly those affecting the trade and
development of developing countries";
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To promote
competition and innovation, and to control concentration of economic
power, in order to improve efficiency in international trade and to
accelerate development;
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To protect
and promote social welfare in general and, in particular, the interests of
consumers.
The Set calls
for the prohibition of anti-competitive practices among rival enterprises
(cartels) at national, import, export and international levels. It prescribes
the control of abuse or acquisition and abuse of dominant positions of market
power and invites States to adopt and effectively enforce competition
legislation and to cooperate with each other in this field. It also calls upon
the international community and UNCTAD in particular to provide technical
assistance, advisory and training services to developing countries and
countries with economies in transition on competition law and policy. Last but
not least, it provides for "preferential or differential" treatment
for development purposes.
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INSTITUTIONAL CAPACITY-BUILDING
Since 1980,
UNCTAD has evolved as one of the leading international organisations
helping developing countries and countries with economies in transition to
enhance their capacity-building in the formulation and enforcement of
competition and consumer protection laws and policies. More than 50
developing countries and countries with economies in transition have
received UNCTAD's technical assistance in this field over the past 20
years. In this connection, UNCTAD also publishes and updates a Model Law
on Competition, the later version of which (TD/RBP/CONF.5/7) is available
on UNCTAD's Competition Policy Website.
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COMPETITION ADVOCACY AND EDUCATING THE PUBLIC
The
objectives of work in this area include: (i) helping competition
authorities create a competition culture by educating the public at large,
including the private sector; and (ii) promoting competition advocacy
activities of public authorities.
In this
respect, an important area of UNCTAD's capacity-building consists of the
training of trainers through two courses on the formulation and
implementation of competition law and policy. The training consists of
lectures structured around a comprehensive manual containing principles,
operational issues and exercises. At the end of the courses, participants
receive the instructors' manual and are expected in turn to train
colleagues.
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STUDIES
ON COMPETITION, COMPETITIVENESS AND DEVELOPMENT
UNCTAD has
published a large number of analytical studies, reports and notes on
competition and related issues. The Fourth UN Review Conference requested
UNCTAD to study the links between competition, competitiveness and
development, with particular emphasis on trade-related aspects of
competition. Most of the publications are available on UNCTAD's
Competition Policy Website.
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INPUTS TO
POSSIBLE INTERNATIONAL AGREEMENTS ON COMPETITION
The Fourth
UN Review Conference also requested UNCTAD to study in depth the
development impact of possible international agreements on competition law
and policy, including the possibility of "preferential or
differential treatment" for developing countries and "dispute
mediation mechanisms and alternative arrangements, including voluntary
peer reviews" at bilateral, regional, plurilateral and multilateral
levels.
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How to obtain technical assistance from UNCTAD
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For national
assistance services, the possibility of UNDP/IPF assistance should be explored
with local UNDP services, in cooperation with UNCTAD.
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For all types
of assistance, a formal request should be addressed to the Secretary General
of UNCTAD, indicating the type of assistance and/or advisory service which is
envisaged.
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For
further information, please contact:
Competition
and Consumer Policies Branch
Division on International Trade in Goods and Services,
and Commodities
UNCTAD
Palais des Nations
CH-1211Geneva, Switzerland
Telephone: + 41 22 907 54 94/ 907 55 59
Fax: + 41 22 907 02 47
Email: competition@unctad.org |
United Nations Conference on Trade and Development
© 2000 UNCTAD - Competition
and Trade Related Issues. All Rights Reserved.
Address: Palais des Nations, CH-1211, Geneva, Switzerland. Telephone
+4122 907 54 94
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