unctad.org | MODEL LAW ON COMPETITION - SUBSTANTIVE POSSIBLE ELEMENTS FOR A COMPETITION LAW, COMMENTARIES AND ALTERNATIVE APPROACHES IN EXISTING LEGISLATIONS
MODEL LAW ON COMPETITION - SUBSTANTIVE POSSIBLE ELEMENTS FOR A COMPETITION LAW, COMMENTARIES AND ALTERNATIVE APPROACHES IN EXISTING LEGISLATIONS
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Full Report ( 114 Pages, 1405.0 KB )

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The Intergovernmental Group of Expert Meeting on Competition Law and Policy, at its seventh session held from 31 October to 2 November 2006, requested the UNCTAD secretariat to continue publishing as a non sessional document and to include in its website a further revised and up-dated version of the Model Law on Competition, on the basis of submissions to be received from member States no later than 31 January 2007.

As directed by the seventh session, (TD/RBP/Conf.5/7) has been prepared on the basis of the written comments on the Model Law received from member States in 2006 and 2007. It constitutes a revised version of the 2004 version of the Model Law on Competition, (TD/RBP/Conf.5/7/Rev.2, Sales No. 04.II.D.26), specifically Part II entitled "Draft commentaries to possible elements for a competition law of a Model Law or Laws". However, some comments which were received did not request specific changes to Part II but raised general issues or made suggestions about how to proceed with future revision of the Model Law, as summarized below.

  • Peru has highlighted the similarities between the Model Law and Peruvian legislation with respect to several areas and has also referred to the differences between European and United States enforcement approaches.

  • Serbia has commented that the Model Law may be considered to be a comprehensive and successful model as it has managed to reconcile all suggestions and recommendations made by experts from developed countries and countries in transition, as well as those countries (regardless of the phase of their development) in which the concept and awareness of the need to protect competition is in its initial stages. Serbia has suggested that special importance should be attached to relations between regulatory bodies (including sectoral regulators) and competition authorities, the advocacy role of competition authorities and, the detailed definition of regulation, as well as provisions relating to recovery of damages in suits before the courts.

  • The EU Commission has made no specific comments on the Model Law, but has suggested that UNCTAD schedule a meeting to discuss it, with a view to assessing where it need updating/amending.

  • Hungary has also suggested that the Model Law be revised in a two-step process: in the first stage, ideas of UNCTAD

Member States and relevant organizations relating to the revision might be built into the Model Law so as to provide a comprehensive illustration of all the issues to examine, which would then provide inspiration for ultimate suggestions regarding what might or might not be useful to mention about competition laws in the further revised version of the Model Law.


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