Report of the Intergovernmental Group of Experts on Competition Law and Policy on its nineteenth session

The Intergovernmental Group of Experts on Competition Law and Policy,

Recalling the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices,

Taking into account the resolution adopted by the Eighth United Nations Conference to Review All Aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (Geneva, October 2020),[1]

Taking note of the decision of the fourteenth session of the United Nations Conference on Trade and Development (Nairobi, 2016) in paragraphs 69 and 76 (x) that “fair, sound and robust national competition and consumer protection laws and policies are also important, as is international cooperation, information exchange and capacity-building in these areas, particularly in light of the expansion of global markets, the increasing role of transnational companies, the need for enhanced transparency and accountability, the information and communications technology revolution and the emergence of electronic commerce (e-commerce)” and that UNCTAD should “continue to assist developing countries and countries with economies in transition to formulate and implement competition and consumer protection policies and laws, including through voluntary peer reviews and the sharing of best practices; as well as facilitating international cooperation among competition and consumer protection agencies together with other relevant international organizations, taking into account the revised United Nations guidelines for consumer protection”,^[2]

Reaffirming the fundamental role that competition law and policy plays in the achievement of the 2030 Agenda for Sustainable Development, by promoting competitive, open and contestable markets and ensuring wider choice, better quality and lower prices of goods and services for consumers,

Noting that the 2030 Agenda for Sustainable Development and the outcomes of the fourteenth session of the United Nations Conference on Trade and Development focus on addressing the opportunities and challenges of globalization for development and poverty reduction,

Welcoming decisive measures and interventions taken by Governments in the field of competition through coordinated international, regional and bilateral actions to respond to the coronavirus disease 2019 (COVID-19) crisis and attempt to mitigate its negative impact on domestic markets and consumers’ welfare,

Underlining that competition law and policy is a key policy tool, to “build back better” in an inclusive and sustainable manner, including by maintaining open, competitive and accessible markets and enhancing trade and investment, resource mobilization and the harnessing of knowledge and by reducing poverty,

Recognizing that an effective enabling environment for competition and development should include both national competition policies and international cooperation to address competition issues associated with market concentration and to deal with cross-border anticompetitive practices,

Recognizing further the need to strengthen the work of UNCTAD in competition law and policy, to enhance its development impact and benefits for consumers and businesses,

Noting with satisfaction the important written and oral contributions from member States and their competition authorities and other participants, which contributed to a rich debate during its nineteenth session,

1. Welcomes the efforts of member States in implementing the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices; and reaffirms the interest of competition authorities in exchanging experiences, best practices and challenges regarding competition law and policy;
    
2. Welcomes the hosting of the fifteenth session of the United Nations Conference on Trade and Development from 3 to 7 October 2021; and encourages member States to contribute to the alignment of competition policies with the 2030 Agenda for Sustainable Development;
    
3. Encourages the continuation of legislative, policy-related and regulatory actions and initiatives supported by competition authorities in response to and in the aftermath of the COVID-19 pandemic, as well as coordination and information-sharing at the international, regional and bilateral levels;
    
4. Underlines the benefits of enhancing and strengthening enforcement capacities and promoting a competition culture in developing countries and countries with economies in transition through capacity-building and advocacy activities targeting all relevant stakeholders; and requests the UNCTAD secretariat to disseminate the summary of its discussions on these topics to all interested member States, including through technical assistance activities and peer reviews;
    
5. Underlines the importance of international cooperation as recognized in section F of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices, including informal collaboration among competition authorities; and calls upon UNCTAD to promote and support cooperation between Governments and competition authorities, as directed by the Accra Accord (paragraphs 103 and 211), the Nairobi Maafikiano (paragraphs 69 and 76 (x)) and the resolution adopted by the Eighth United Nations Conference to Review All Aspects of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (paragraphs 3 and 22), as well as in the document titled “Guiding Policies and Procedures under Section F of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices”;
    
6. Requests the UNCTAD secretariat to continue the dissemination of the document titled “Guiding Policies and Procedures under Section F of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices” and to encourage the utilization of it by member States;
    
7. Emphasizes the importance of regional cooperation in the enforcement of competition law and policy; and encourages competition authorities to strengthen their regional and bilateral cooperation;
    
8. Recognizes the benefits and challenges of the digital economy for consumers and businesses, the importance of competition for digital markets and innovation therein and that digital platforms are essential elements of today’s economy; and encourages competition authorities to address competition issues in digital markets through their enforcement practices and legislative and regulatory frameworks, to protect, restore and promote competition in the digital economy;
    
9. Calls upon UNCTAD to continue its work in the area of the digital economy, to ensure that all countries, in particular developing countries and the least developed countries, benefit from the innovation it brings;
    
10. Calls upon UNCTAD to continue to include advocacy as a core activity in its capacity-building and technical assistance for developing countries and countries with economies in transition, in particular considering their economic recovery efforts in the aftermath of the COVID-19 crisis;
     
11. Decides to renew the mandate of the working group on modalities of UNCTAD voluntary peer reviews of competition and consumer protection laws and policies, open to member States on a voluntary basis, without any financial implications for the regular budget of the United Nations, to further discuss and improve the existing procedures and methodology based on the possible improvements identified to date and to report to the twentieth session of the Intergovernmental Group of Experts on Competition Law and Policy in 2022;
     
12. Decides to renew the mandate of the working group on cross-border cartels, open to member States on a voluntary basis, without any financial implications for the regular budget of the United Nations, to highlight best practices, facilitate information exchanges, consultations and international cooperation and discuss tools and procedures, with a view to further exploration and deeper understanding of the modalities, principles and international standards of cross-border cartel investigations and to report to the twentieth session of the Intergovernmental Group of Experts on Competition Law and Policy;
     
13. Expresses its appreciation to the Government of Malawi for volunteering for a peer review of competition law and policy and for sharing its experiences and challenges with other competition authorities during the nineteenth session of the Intergovernmental Group of Experts on Competition Law and Policy and to all Governments and regional groups participating in the review; and recognizes the progress achieved to date in the elaboration and enforcement of the competition law of Malawi;
     
14. Decides that UNCTAD should, considering experiences with voluntary peer reviews, continue to undertake peer reviews of competition law and policy following requests from member States and in accordance with available resources;
     
15. Invites all member States and competition authorities to assist UNCTAD on a voluntary basis by providing experts or other resources for future and follow-up activities in connection with voluntary peer reviews and their recommendations;
     
16. Requests the UNCTAD secretariat to prepare reports and studies as background documentation for the twentieth session of the Intergovernmental Group of Experts on Competition Law and Policy on the topic of rethinking competition law enforcement: lessons learned from the pandemic, particularly in socially important markets – challenges and opportunities for an effective response during the pandemic and economic recovery in the post-pandemic period;
     
17. Requests the UNCTAD secretariat to facilitate consultations and the exchange of views among member States on the topic of the role of competition law and policy in supporting microenterprises and small and medium-sized enterprises during economic recovery in the post-pandemic period;
     
18. Requests the UNCTAD secretariat to prepare, for the consideration of the twentieth session of the Intergovernmental Group of Experts on Competition Law and Policy, an updated review of capacity-building in and technical assistance on competition law and policy, including an impact assessment, based on information received from member States;
     
19. Requests the UNCTAD secretariat to rethink the status of the commentaries of the Model Law on Competition based on submissions to be received from member States;
     
20. Notes with appreciation the voluntary financial and other contributions received from member States; invites member States to continue to assist UNCTAD on a voluntary basis in its capacity-building and technical assistance activities by providing experts, training facilities and financial or other resources; and requests the UNCTAD secretariat to pursue capacity-building and technical assistance activities, including training, and, where possible, to focus such activities on maximizing their impact in all interested countries.

 

                     [1]   TD/RBP/CONF.9/9.

                     [2]   TD/519/Add.2.