UNCTAD Model Law on Competition (Model Law) has been developed by member States’ representatives gathered in UNCTAD intergovernmental meetings to provide guidance on competition legislation, particularly for developing countries, on how to develop their competition laws, structures, and policies to protect against anticompetitive actions.
The Set of Multilaterally Agreed Equitable Principles and Rules for the Control of Restrictive Business Practices (The UN Set), adopted by the General Assembly of the United Nations in 1980,[1] provides the framework for the Model Law content, which continues to be relevant today.
Section F. 5 of the Set provides “continued work within UNCTAD on the elaboration of a model law or laws on restrictive business practices in order to assist developing countries in devising appropriate legislation”, and member States “should provide necessary information and experience to UNCTAD in this connection”.
The Model Law consists of thirteen chapters indicating the content of key provisions which competition laws should include and is divided into two parts:
- Part I identifies substantive possible elements to be included in competition laws.
- Part II gathers commentaries on each chapter and recognizes existing legislation as well as case-law from around the world. Part II is regularly revised and updated based on inputs as well as contributions from member States and academia.
[1] A/RES/35/63.
