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The Intergovernmental Group of Experts on Competition Law and Policy, at its tenth session (7–9 July 2009), which acted as a preparatory meeting for the Sixth United Nations Review Conference, requested the UNCTAD secretariat to prepare – for the consideration of the Sixth Review Conference and to include on its website – a further revised and updated version of the Model Law on Competition, on the basis of submissions to be received from member States no later than 30 May 2010. In addition, the secretariat was asked to redesign the format of the presentation and its updates.
As directed by the tenth session, the present publication has been prepared on the basis of the written comments on the Model Law received from member States in 2010,1 which were complemented by research carried of the UNCTAD secretariat with support from academia and practitioners. The redesigned format of the presentation of the Model Law on Competition and its updates comprises a copy of the 2007 version of the Model Law combined with a loose-leaf-collection that presents chapter-by-chapter commentaries on respective provisions of the Model Law.
The design of the Model Law 2010 has been made more “reader-friendly” in that recent developments in legislation, case law and commentaries are contained in comparative tables indicating the types of laws or solutions adopted by countries for different aspects of the competition issues.
Before providing an overview of alternative approaches in existing legislation in the form of a country overview table, an introduction to each chapter of the Model Law summarizes in a systematic way the main findings that can be drawn from the various country examples and, where appropriate, makes reference to recent work of the International Competition Network and the Organization for Economic Cooperation and Development (OECD).