The National Workshop for Judges falls within UNCTAD's COMPAL Programme and its framework of institutional capacity building for effective competition law and policy enforcement for Latin America. The third edition of this workshop will devote to the efforts of sanctions and remedies. The reason is simple. Much of the work of the judiciary in developing countries has been related to appeals from private parties to reduce fines imposed by competition authorities. Overall, the process of evaluating competition cases is expensive and time consuming. This process cannot be complete unless the respective sanctions and remedies are applied. Sanctions and remedies encourage market operators to bring cases to the competition agency and the relevant courts and also encourage compliance to the law.
Purpose of the event
The principal objective is to familiarize High-Court and Supreme Court judges with the techniques and methodological framework used by competition authorities when calculate fines and propose remedies. Much of this problem is often preventing a smooth and effective enforcement of competition legislation in line with competition policy objectives in their respective countries.
Experts drawn from a judicial, academic and competition enforcement background from Chile, Spain and UNCTAD will conduct the training (detailed information about the experts can be found in the attached work programmes in Spanish version). The Experts will guide the sessions, but discussions are encouraged and participants are free to express their opinions and raise case specific issues.
- Better understanding of how sanctions are calculated in administrative instances
- In-depth discussion about the impact of remedies in the market
Judges, Prosecutors and advisers to Judges and Chambers of the National Courts of Peru.
The participants will work in small groups of about 6 persons formed on the basis of self- election and a cross- mix of participants. The course will begin with a session that will address theoretical issues and then discuss real - life and theoretical cases intended to illustrate and clarify issues under each of the six topics outlined above.
Each participant will be provided with:
- Training materials, including the UNCTAD training module on competition enforcement
- Basic principles on the independence of the judiciary. UN General Assembly of resolutions 40/32 of 21 November 1985, and 40/146 of 13 December 1985
- Competition case studies drawn from developed and developing countries
- A compendium of national competition laws and other laws relevant to competition
- UNCTAD Model Law on Competition
- Lecture notes and PowerPoint presentations by all the experts
- Biographical data of each participant and experts
- Juan Luis Crucelegui, Deputy Head, Competition and Consumer Policies Branch, DITC
- Pierre Horna, Officer in Charge of the COMPAL Programme, Competition and Consumer Policies Branch, DITC