Agreed conclusions adopted by the Intergovernmental Group of Experts adopted at its fifteenth 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 relating 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 opportunities and challenges of globalization, including by enhancing trade and investment, resource mobilization and the harnessing of knowledge and by helping to reduce poverty,

       Recognizing that an effective enabling environment for competition and development may include both national competition policies and international cooperation to deal with cross-border anti-competitive practices,

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

       Noting with satisfaction the important written and oral contributions from competition authorities and other participations which contributed to a rich debate its fifteenth session,

       Taking note with appreciation of the documentation and the peer review of competition law and policy of Uruguay prepared by the UNCTAD secretariat for its fifteenth session,

1. Expresses appreciation to the Government of Uruguay for volunteering for a peer review of competition law and policy and for sharing its experiences, best practices and challenges with young competition agencies during the fifteenth session of the Intergovernmental Group of Experts, and to all Governments and regional groupings participating in the reviews; recognizes the progress achieved so far in the elaboration and enforcement of the peer-reviewed country’s competition law;
    
2. Invites all member Governments 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;
    
3. Decides that UNCTAD should, in light of experiences with voluntary peer reviews undertaken so far by UNCTAD and others and in accordance with available resources, undertake further voluntary peer reviews of the competition law and policy of member States or regional groupings of States during the sixteenth session of the Intergovernmental Group of Experts, to be held in July 2017;
    
4. Underlines the importance of using the communications strategies of competition agencies as a tool for the effective enforcement of competition law and of disseminating evidence on the benefits of competition and appropriate regulations for consumers and businesses, as well as the need to strengthen international cooperation, including informal collaboration among agencies; and calls upon UNCTAD to promote and support cooperation between Governments and competition authorities, as directed by the Accra Accord in paragraphs 103 and 211;
    
5. Emphasizes the importance of regional cooperation in the enforcement of competition law and policy; and invites competition agencies to strengthen their bilateral and regional cooperation;
    
6. Calls upon UNCTAD to promote and support cooperation between competition authorities and Governments in accordance with the Accra Accord (paragraphs 103 and 104), the Nairobi Maakifiano (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);
    
7. Underlines the importance of priority setting and resource allocation as a tool for the effectiveness of capacity-building activities extended to young agencies; and requests the UNCTAD secretariat to disseminate the summary of the discussions of the Intergovernmental Group of Experts on this topic to all interested States, including through its technical cooperation activities and peer reviews;
    
8. Requests the UNCTAD secretariat to prepare studies for the sixteenth session of the Intergovernmental Group of Experts, to facilitate consultations on the following topics, chosen from among the clusters in 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:

       (a)           Challenges faced by young and small competition authorities in the design of merger control;

       (b)           Enhancing international cooperation in the investigation of cross-border competition cases: Tools and procedures;

9. Requests the UNCTAD secretariat to prepare, for the consideration of the sixteenth session of the Intergovernmental Group of Experts, an updated review of capacity-building and technical assistance activities, taking into account information to be received from member States no later than 28 February 2017;
    
10. Requests the UNCTAD secretariat to prepare a further revised and updated version of chapters 2 and 7 of the Model Law on Competition on the basis of submissions to be received from member States no later than 28 February 2017;
     
11. 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 cooperation activities by providing experts, training facilities or financial resources; and requests the UNCTAD secretariat to pursue and, where possible, focus its capacity-building and technical cooperation activities (including training) on maximizing their impact in all interested countries.

 

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

                     [2]   TD/519/Add.2.