Report of the Intergovernmental Group of Experts on Competition Law and Policy on its eighteenth 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 Seventh 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, Switzerland, July 2015),[1]

       Considering the provisions related to competition issues adopted by the fourteenth session of the United Nations Conference on Trade and Development (UNCTAD XIV; Nairobi,
July 2016), including the provisions in paragraphs 69 and 76 (x) of the Nairobi Maafikiano,[2]

       Reaffirming the fundamental role of competition law and policy for sound economic development and the need to further promote the implementation of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices,

       Noting that the 2030 Agenda for Sustainable Development and the outcomes of UNCTAD XIV focus on addressing the opportunities and challenges of globalization for development and poverty reduction,

       Underlining that competition law and policy is a key instrument for addressing the benefits and challenges of globalization, including by 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 deal with cross-border anticompetitive practices,

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

       Welcoming the contribution from Peru to its work, in the form of the virtual catalogue of best practices in competition and consumer protection, and encouraging interested member States to send information to the secretariat on these instruments,

       Expressing appreciation to the contribution from South Africa, in facilitating the round table on competition issues in the health-care sector at its eighteenth session,

       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 eighteenth 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. 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 the discussions of the Intergovernmental Group of Experts on this topic to all interested member States, including through its technical cooperation activities and peer reviews;
    
3. Emphasizes the importance of regional cooperation in the enforcement of competition law and policy and invites competition authorities to strengthen their bilateral and regional cooperation;
    
4. 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 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 Seventh 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 16);
    
5. Expresses its appreciation to the participants in the discussion group on international cooperation and the UNCTAD secretariat for their valuable contribution and engagement and for drafting the resulting report, which successfully fulfilled the mandate entrusted by the sixteenth session of the Intergovernmental Group of Experts;
    
6. Welcomes and endorses the document on guiding policies and procedures in implementing international measures under section F of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices prepared by the discussion group on international cooperation, requesting it to be submitted for consideration and approval 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, to be held in 2020;
    
7. Requests the UNCTAD secretariat, in cooperation with the representatives of the competition authorities of member States and members of the discussion group on international cooperation, to disseminate the guiding policies and procedures in implementing international measures under section F of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices across regions, involving business and academia, during the preparatory year before the Eighth United Nations Conference to Review All Aspects of the Set;
    
8. Recognizes the benefits and challenges of the digital economy for businesses and consumers and the importance of competition for digital markets and the innovation therein; encourages competition authorities to adapt their enforcement practices and use their competition law frameworks to promote and protect competition in digital markets; and urges competition authorities to cooperate with each other in dealing with cross-border anticompetitive practices;
    
9. Calls upon UNCTAD to continue its work in the area of the digital economy to ensure that all countries, especially developing countries and the least developed countries, benefit from the innovation it brings;
    
10. Expresses appreciation to the Government of Belarus and the Eurasian Economic Commission for requesting assessments by the UNCTAD secretariat of their competition-related provisions and for sharing related challenges with other competition agencies during its eighteenth session; and recognizes the progress achieved to date in the legal and institutional framework for competition at the national level (Belarus) and the regional level (Eurasian Economic Commission);
     
11. Recognizes that health care is an essential service and basic right; and encourages competition authorities to continue their advocacy and enforcement work to seek to ensure that access to health care is granted to all citizens at affordable prices;
     
12. Decides that UNCTAD should, considering the experiences with voluntary peer reviews undertaken to date and in accordance with available resources, undertake a further voluntary peer review of the competition law and policy of the West African Economic and Monetary Union during the Eighth United Nations Conference to Review All Aspects of the Set;
     
13. Invites all member States and competition agencies 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;
     
14. Requests the UNCTAD secretariat to prepare reports and studies as background documentation for the Eighth United Nations Conference to Review All Aspects of the Set on the following topics:
    
    (a)           Strengthening competition in the digital economy;
    (b)           Guiding policies and procedures in implementing international measures under section F of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices;
    (c)           Implementation of the Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices;
     
15. Requests the UNCTAD secretariat to facilitate consultations on the topics of competitive neutrality and combating cross-border cartels at the Eighth United Nations Conference to Review All Aspects of the Set;
     
16. Requests the UNCTAD secretariat to prepare, for the consideration of the Eighth United Nations Conference to Review All Aspects of the Set, an updated review of capacity-building and technical assistance activities, based on information to be received from member States;
     
17. Requests the UNCTAD secretariat to revise and update the commentaries on chapters III and IV of the Model Law on Competition, based on submissions to be received from member States;
     
18. Notes with appreciation the voluntary financial and other contributions received from member States; urges member States to consider making voluntary financial and other contributions, to assist UNCTAD on a voluntary basis in its capacity-building and technical cooperation activities by providing experts, training facilities or other resources; and requests the UNCTAD secretariat to pursue its capacity-building and technical cooperation activities, including training, and, where possible, to focus on maximizing their impact in all interested countries.

                     [1]   TD/RBP/CONF.8/11.

                     [2]   TD/519/Add.2.